Ativismo Judicial E O Princ Pio Da Reserva Legal
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The Global Model Of Constitutional Rights
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Author : Kai Möller
language : en
Publisher: Oxford University Press
Release Date : 2012-10-25
The Global Model Of Constitutional Rights written by Kai Möller and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-10-25 with Law categories.
The rapid spread of judicially-enforced constitutional rights has been one of the most dramatic developments in modern law. This book argues that there is now a global model for how such rights should function, and develops an original, philosophically grounded, account of their nature and scope.
The Cloaking Of Power
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Author : Paul O. Carrese
language : en
Publisher: University of Chicago Press
Release Date : 2010-02-15
The Cloaking Of Power written by Paul O. Carrese and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-02-15 with Law categories.
How did the US judiciary become so powerful—powerful enough that state and federal judges once vied to decide a presidential election? What does this prominence mean for the law, constitutionalism, and liberal democracy? In The Cloaking of Power, Paul O. Carrese provides a provocative analysis of the intellectual sources of today’s powerful judiciary, arguing that Montesquieu, in his Spirit of the Laws, first articulated a new conception of the separation of powers and strong but subtle courts. Montesquieu instructed statesmen to “cloak power” by placing judges at the center of politics, while concealing them behind juries and subtle reforms. Tracing this conception through Blackstone, Hamilton, and Tocqueville, Carrese shows how it led to the prominence of judges, courts, and lawyers in America today. But he places the blame for contemporary judicial activism squarely at the feet of Oliver Wendell Holmes Jr. and his jurisprudential revolution, which he believes to be the source of the now-prevalent view that judging is merely political. To address this crisis, Carrese argues for a rediscovery of an independent judiciary—one that blends prudence and natural law with common law and that observes the moderate jurisprudence of Montesquieu and Blackstone, balancing abstract principles with realistic views of human nature and institutions. He also advocates for a return to the complex constitutionalism of the American founders and Tocqueville and for judges who understand their responsibility to elevate citizens above individualism, instructing them in law and right.
The Global Expansion Of Judicial Power
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Author : C Neal Tate
language : en
Publisher: NYU Press
Release Date : 1997-06-01
The Global Expansion Of Judicial Power written by C Neal Tate and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-06-01 with Political Science categories.
In Russia, as the confrontation over the constitutional distribution of authority raged, Boris Yeltsin's economic program regularly wended its way in and out of the Constitutional Court until Yeltsin finally suspended that court in the aftermath of his clash with the hard-line parliament. In Europe, French and German legislators and executives now routinely alter desired policies in response to or in anticipation of the pronouncements of constitutional courts. In Latin America and Africa, courts are--or will be-- important participants in ongoing efforts to establish constitutional rules and policies protect new or fragile democracies from the threats of military intervention, ethnic conflict, and revolution. This global expansion of judicial power, or judicialization of politics is accompanied by an increasing domination of negotiating or decision making arenas by quasi- judicial procedures. For better or for worse, the judicialization of politics has become one of the most significant trends of the end of the millenium. In this book, political scientists, legal scholars, and judges around the world trace the intellectual origins of this trend, describe its occurence--or lack of occurence--in specific nations, analyze the circumstances and conditions that promote or retard judicialization, and evaluate the phenomenon from a variety of intellectual and ideological perspectives.
The Sense Of Appropriateness
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Author : Klaus Günther
language : en
Publisher: SUNY Press
Release Date : 1993-01-01
The Sense Of Appropriateness written by Klaus Günther and has been published by SUNY Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993-01-01 with Philosophy categories.
Günther's book demonstrates that most objections to moral and legal principles are directed not against the validity of principles but against the manner of their application. If one distinguishes between the justification of a principle and its appropriate application, then the claim that the application of the principle in each individual case follows automatically from its universal justification proves to be a misunderstanding. Günther develops this distinction with the help of Habermas's discourse theory of morality. He then employs it to extend Kohlberg's theory of moral development and to defend this against Gilligan's critique. In the third and fourth parts of the book, Günther shows--in debate with Hare, Dworkin, and others--how argumentation on the appropriate application of norms and principles in morality and law is possible.
The Rule Of Law History Theory And Criticism
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Author : Pietro Costa
language : en
Publisher: Springer Science & Business Media
Release Date : 2007-05-06
The Rule Of Law History Theory And Criticism written by Pietro Costa and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-05-06 with Law categories.
Authors Costa and Zolo share the conviction that a proper understanding of the rule of law today requires reference to a global problematic horizon. This book offers some relevant guides for orienting the reader through a political and legal debate where the rule of law (and the doctrine of human rights) is a concept both controversial and significant at the national and international levels.
A Constitution Of Many Minds
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Author : Cass R. Sunstein
language : en
Publisher: Princeton University Press
Release Date : 2009-01-19
A Constitution Of Many Minds written by Cass R. Sunstein and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-19 with Law categories.
The future of the U.S. Supreme Court hangs in the balance like never before. Will conservatives or liberals succeed in remaking the court in their own image? In A Constitution of Many Minds, acclaimed law scholar Cass Sunstein proposes a bold new way of interpreting the Constitution, one that respects the Constitution's text and history but also refuses to view the document as frozen in time. Exploring hot-button issues ranging from presidential power to same-sex relations to gun rights, Sunstein shows how the meaning of the Constitution is reestablished in every generation as new social commitments and ideas compel us to reassess our fundamental beliefs. He focuses on three approaches to the Constitution--traditionalism, which grounds the document's meaning in long-standing social practices, not necessarily in the views of the founding generation; populism, which insists that judges should respect contemporary public opinion; and cosmopolitanism, which looks at how foreign courts address constitutional questions, and which suggests that the meaning of the Constitution turns on what other nations do. Sunstein demonstrates that in all three contexts a "many minds" argument is at work--put simply, better decisions result when many points of view are considered. He makes sense of the intense debates surrounding these approaches, revealing their strengths and weaknesses, and sketches the contexts in which each provides a legitimate basis for interpreting the Constitution today. This book illuminates the underpinnings of constitutionalism itself, and shows that ours is indeed a Constitution, not of any particular generation, but of many minds.
The Spirit Of Laws
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Author : Charles de Secondat baron de Montesquieu
language : en
Publisher:
Release Date : 1886
The Spirit Of Laws written by Charles de Secondat baron de Montesquieu and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1886 with Jurisprudence categories.
Women Business And The Law 2020
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Author : World Bank Group
language : en
Publisher: World Bank Publications
Release Date : 2020-04-24
Women Business And The Law 2020 written by World Bank Group and has been published by World Bank Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-04-24 with Law categories.
The World Bank Group’s Women, Business and the Law examines laws and regulations affecting women’s prospects as entrepreneurs and employees across 190 economies. Its goal is to inform policy discussions on how to remove legal restrictions on women and promote research on how to improve women’s economic inclusion.
Bodin On Sovereignty Six Books Of The Commonwealth
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Author : Jean Bodin
language : en
Publisher:
Release Date : 2009-04-28
Bodin On Sovereignty Six Books Of The Commonwealth written by Jean Bodin and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-04-28 with Political science categories.
The Six Books of the Commonwealth was the first modern attempt to construct an elaborate system of political science. It is perhaps the most important work of its kind between Aristotle and modern writers. To the public finances, which he called "the sinews of the state," he devoted much attention, and insisted on the duties of the government in respect to the right adjustment of taxation. In general he deserves the praise of steadily keeping in view the higher aims and interests of society in connexion with the regulation and development of its material life. Jean Bodin (1530-1596) was born in Angers, France, and became a French jurist and political philosopher, member of the Parlement of Paris and professor of law in Toulouse. He is best known for his theory of sovereignty.
The Judicialization Of Politics In Latin America
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Author : Rachel Sieder
language : en
Publisher: Springer
Release Date : 2016-04-30
The Judicialization Of Politics In Latin America written by Rachel Sieder and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-30 with Social Science categories.
During the last two decades the judiciary has come to play an increasingly important political role in Latin America. Constitutional courts and supreme courts are more active in counterbalancing executive and legislative power than ever before. At the same time, the lack of effective citizenship rights has prompted ordinary people to press their claims and secure their rights through the courts. This collection of essays analyzes the diverse manifestations of the judicialization of politics in contemporary Latin America, assessing their positive and negative consequences for state-society relations, the rule of law, and democratic governance in the region. With individual chapters exploring Argentina, Brazil, Chile, Colombia, Costa Rica, Mexico, Peru and Venezuela, it advances a comparative framework for thinking about the nature of the judicialization of politics within contemporary Latin American democracies.