Colet Nea Constitucionalismo E Democracia Desafio E Efetividade De Direitos
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Colet Nea Constitucionalismo E Democracia Desafio E Efetividade De Direitos
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Author : Américo Braga Júnior
language : pt-BR
Publisher: Editora Dialética
Release Date : 2021-05-19
Colet Nea Constitucionalismo E Democracia Desafio E Efetividade De Direitos written by Américo Braga Júnior and has been published by Editora Dialética this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-19 with Law categories.
A proposta para o segundo volume da coletânea "Constitucionalismo e Democracia: desafios e efetividade de Direitos" intitulado "O constitucionalismo brasileiro e a necessária expansão dos direitos humanos" é debater as relações do constitucionalismo brasileiro e a expansão dos direitos humanos construindo diálogos necessários entre o sistema normativo brasileiro, as ideologias presentes na sua construção e consolidação e o processo de evolução do reconhecimento e consolidação dos direitos humanos como indispensáveis ao constitucionalismo e ao Estado Democrático de Direito, seja no plano normativo internacional, seja no plano interno. Todavia, longe de pensar a expansão dos direitos humanos como um fato consolidado, busca-se tratá-lo como uma conquista necessária, e a sua relação com o direito constitucional como um processo contínuo, considerando inflexões, avanços e retrocessos. Assim, busca manter a perspectiva da função da expansão dos direitos humanos no pós-guerra: a proteção da pessoa humana, para além dos sistemas normativos estatais, dos consensos de maioria e dos voluntarismos políticos.
The Global Model Of Constitutional Rights
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Author : Kai Möller
language : en
Publisher: OUP Oxford
Release Date : 2012-10-25
The Global Model Of Constitutional Rights written by Kai Möller and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-10-25 with Law categories.
Since the end of the Second World War and the subsequent success of constitutional judicial review, one particular model of constitutional rights has had remarkable success, first in Europe and now globally. This global model of constitutional rights is characterized by an extremely broad approach to the scope of rights (sometimes referred to as 'rights inflation'), the acceptance of horizontal effect of rights, positive obligations, and increasingly also socio-economic rights, and the use of the doctrines of balancing and proportionality to determine the permissible limitations of rights. Drawing on analyses of a broad range of cases from the UK, the European Court of Human Rights, Germany, Canada, the US, and South Africa, this book provides the first substantive moral, reconstructive theory of the global model. It shows that it is based on a coherent conception of constitutional rights which connects to attractive accounts of judicial review, democracy and the separation of powers. The first part of the book develops a theory of the scope of rights under the global model. It defends the idea of a general right to personal autonomy: a right to everything which, according to the agent's self-conception, is in his or her interest. The function of this right is to acknowledge that every act by a public authority which places a burden on a person's autonomy requires justification. The second part of the book proposes a theory of the structure of this justification which offers original and useful accounts of the important doctrines of balancing and proportionality.
Polyarchies And The Un Rule Of Law In Latin America
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Author : Guillermo A. O'Donnell
language : en
Publisher:
Release Date : 1998
Polyarchies And The Un Rule Of Law In Latin America written by Guillermo A. O'Donnell and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Democracy categories.
Modern Political Economy
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Author : Jeffrey S. Banks
language : en
Publisher: Cambridge University Press
Release Date : 1995-08-25
Modern Political Economy written by Jeffrey S. Banks and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995-08-25 with Business & Economics categories.
Political economy has been an essential realm of inquiry and has attracted myriad intellectual adherents for much of the period of modern scholarship. The discipline's formal split into the distinct studies of political science and economics in the nineteenth-century, while advantageous for certain scientific developments, has biased the way economists and political scientists think about many issues, and has placed artificial constraints on the study of many important social issues. This volume calls for a reaffirmation of the importance of the unified study of political economy, and explores the frontiers of the interaction between politics and markets. This volume brings together intellectual leaders of various areas, drawing upon state-of-the-art theoretical and empirical analysis from each of the underlying disciplines. Each chapter, while beginning with a survey of existing work, focuses on profitable lines of inquiry for future developments. Particular attention is devoted to fields of active current development.
Constitutional Erosion In Brazil
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Author : Emilio Peluso Neder Meyer
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-07-15
Constitutional Erosion In Brazil written by Emilio Peluso Neder Meyer and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-15 with Law categories.
This book provides a fascinating analysis of a single jurisdiction, Brazil, and accounts for both the successes and the failures of its most recent constitutional project, inaugurated by the Constitution of 1988. It sets out the following aspects of the constitutional development and erosion: - the different phases of the promised transition from military rule to a 'social-democratic constitutionalism'; - the obstacles to democratisation derived from the absence of true institutional reforms in the judicial branch and in the civil-military relationship; - the legal and social practices which maintained a structure that obstructed the emergence of an effective social-democracy, such as the neoliberal pattern, the acceptance in the political field of unlawful organisations, such as the milícias, and the way the digital revolution has been harming the formation of democratic sovereignty. Situating Brazil in the global context of the revival of authoritarianism, it details the factors which are common to the third wave of democratisation reflux. Accounting for those aspects, particular to the Brazilian jurisdiction, it shows that there is a tension in the Brazilian constitution. On the one hand, such constitutionalism was renewed by democratic pressure on governments to undertake social politics since 1988. On the other hand, it retained authoritarian practices through the hands of diverse institutions and political actors. By exploring the ideas of constitutional erosion and collapse, as well as democratic, social and digital constitutionalism, the book presents a comparative analysis of Brazil and other jurisdictions, including the United States, South Africa, and Peru.
The Annotated U S Constitution And Declaration Of Independence
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Author : Jack N. Rakove
language : en
Publisher: Harvard University Press
Release Date : 2012-10-22
The Annotated U S Constitution And Declaration Of Independence written by Jack N. Rakove and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-10-22 with Political Science categories.
Here in a newly annotated edition are the two founding documents of the United States of America: the Declaration of Independence (1776), our great revolutionary manifesto, and the Constitution (1787Ð88), in which ÒWe the PeopleÓ forged a new nation and built the framework for our federal republic. Together with the Bill of Rights and the Civil War amendments, these documents constitute what James Madison called our Òpolitical scripturesÓ and have come to define us as a people. Now a Pulitzer PrizeÐwinning historian serves as a guide to these texts, providing historical contexts and offering interpretive commentary. In an introductory essay written for the general reader, Jack N. Rakove provides a narrative political account of how these documents came to be written. In his commentary on the Declaration of Independence, Rakove sets the historical context for a fuller appreciation of the important preamble and the list of charges leveled against the Crown. When he glosses the Constitution, the Bill of Rights, and the subsequent amendments, Rakove once again provides helpful historical background, targets language that has proven particularly difficult or controversial, and cites leading Supreme Court cases. A chronology of events provides a framework for understanding the road to Philadelphia. The general reader will not find a better, more helpful guide to our founding documents than Jack N. Rakove.
We The People
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Author : Forrest McDonald
language : en
Publisher: Transaction Publishers
Release Date : 1991-01-01
We The People written by Forrest McDonald and has been published by Transaction Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991-01-01 with History categories.
Charles A. Bear's An Economic Interpretation of the United States Constitution was a work of such powerful persuasiveness as to alter the course of American historiography. No historian who followed in studying the making of the Constitution was entirely free from Beard's radical interpretation of the document as serving the economic interests of the Framers as members of the propertied class. Forrest McDonald's We the People was the first major challenge to Beard's thesis. This superbly researched and documented volume restored the Constitution as the work of principled and prudential men. It did much to invalidate the crude economic determinism that had become endemic in the writing of American history. We the People fills in the details that Beard had overlooked in his fragmentary book. MacDonald's work is based on an exhaustive comparative examination of the economic biographies of the 55 members of the Constitutional Convention and the 1,750 members of the state ratifying conventions. His conclusion is that on the basis of evidence, Beard's economic interpretation does not hold. McDonald demonstrates conclusively that the interplay of conditioning or determining factors at work in the making of the Constitution was extremely complex and cannot be rendered intelligible in terms of any single system of interpretation. McDonald's classic work, while never denying economic motivation as a factor, also demonstrates how the rich cultural and political mosaic of the colonies was an independent and dominant factor in the decision making that led to the first new nation. In its pluralistic approach to economic factors and analytic richness, We the People is both a major work of American history and a significant document in the history of ideas. It continues to be an essential volume for historians, political scientists, economists, and American studies specialists.
Max Weber S Economy And Society
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Author : Charles Camic
language : en
Publisher: Stanford University Press
Release Date : 2005
Max Weber S Economy And Society written by Charles Camic and has been published by Stanford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Social Science categories.
This book provides an indispensable introduction to Weber's Economy and Society, and should be mandatory reading for social scientists who are interested in Weber. The various contributions to this volume, all written by important Weberian scholars, present the culmination of decades of debates about Weber's various concepts and theories. They are sure guides in the maze of conflicting interpretations, and draw out the implications of Weber's sociology for understanding social change in the 21st century. Gil Eyal, Columbia University Many will value this as the best collection of essays on Max Weber in the English language. It surpasses prior studies in using Weber and the world of his endeavors as entry points into the central issues of social science today. Richard Biernacki, University of California, San Diego"
Decision In Philadelphia
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Author : Christopher Collier
language : en
Publisher: Blackstone Publishing
Release Date : 2012-05-01
Decision In Philadelphia written by Christopher Collier and has been published by Blackstone Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-05-01 with History categories.
Fifty-five men met in Philadelphia in 1787 to write a document that would create a country and change a world: the Constitution. Here is a remarkable rendering of that fateful time, told with humanity and humor. Decision in Philadelphia is the best popular history of the Constitutional Convention; in it, the life and times of eighteenth century America not only come alive, but the very human qualities of the men who framed the document are brought provocatively into focus-casting many of the Founding Fathers in a new light. A celebration of how and why our Constitution came into being, Decision in Philadelphia is also a testament of the American spirit at its finest.
Towards Juristocracy
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Author : Ran Hirschl
language : en
Publisher: Harvard University Press
Release Date : 2009-06-30
Towards Juristocracy written by Ran Hirschl and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-06-30 with Law categories.
In countries and supranational entities around the globe, constitutional reform has transferred an unprecedented amount of power from representative institutions to judiciaries. The constitutionalization of rights and the establishment of judicial review are widely believed to have benevolent and progressive origins, and significant redistributive, power-diffusing consequences. Ran Hirschl challenges this conventional wisdom. Drawing upon a comprehensive comparative inquiry into the political origins and legal consequences of the recent constitutional revolutions in Canada, Israel, New Zealand, and South Africa, Hirschl shows that the trend toward constitutionalization is hardly driven by politicians' genuine commitment to democracy, social justice, or universal rights. Rather, it is best understood as the product of a strategic interplay among hegemonic yet threatened political elites, influential economic stakeholders, and judicial leaders. This self-interested coalition of legal innovators determines the timing, extent, and nature of constitutional reforms. Hirschl demonstrates that whereas judicial empowerment through constitutionalization has a limited impact on advancing progressive notions of distributive justice, it has a transformative effect on political discourse. The global trend toward juristocracy, Hirschl argues, is part of a broader process whereby political and economic elites, while they profess support for democracy and sustained development, attempt to insulate policymaking from the vicissitudes of democratic politics.