Constitutional Engineering In Brazil
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Constitutional Engineering In Brazil
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Author : Celina Souza
language : en
Publisher: Springer
Release Date : 2016-07-27
Constitutional Engineering In Brazil written by Celina Souza and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-27 with Political Science categories.
The book investigates why a country facing issues that needed to be tackled nationwide chose to decentralize when it moved from authoritarianism to democracy. It discusses the events of the Brazilian constituent assembly and investigates the results of decentralization at the subnational sphere. The results suggest that there was a lack of social consensus on what was to be achieved by decentralization. They suggest that political and economic factors influence the outcomes of decentralization, thus exposing the limits of decentralization on policy results.
Constitutional Engineering In Brazil
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Author : Celina Maria de Souza
language : en
Publisher:
Release Date : 1997
Constitutional Engineering In Brazil written by Celina Maria de Souza and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Decentralization in government categories.
The book investigates how and why a country facing issues that needed to be tackled nationwide chose to decentralize political power and financial resources when it moved from military rule to democratization. Furthermore, the book examines whether the decision to decentralize in Brazil has changed the allocation of public expenditure at the subnational level, especially regarding education. By analyzing the decision to decentralize and its results at the subnational level, the study embodies both an elite and a grassroots approach. The elite approach encompasses the topics related to decentralization in the Brazilian constituent assembly that sat from 1987 to 1988. The grassroots approach is comprised of three case studies.
The Constitution Of Brazil
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Author : Virgílio Afonso da Silva
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-05-30
The Constitution Of Brazil written by Virgílio Afonso da Silva and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-30 with Law categories.
This book offers an original and comprehensive analysis of Brazilian constitutional law and shows how the 1988 Constitution has been a cornerstone in Brazil's struggle to achieve institutional stability and promote the enforcement of fundamental rights. In the realm of rights, although much has been done to decrease the gap between constitutional text and constitutional practice, several types of inequalities still affect and sometimes impair the enforcement of the ambitious bill of rights laid down by the Brazilian Constitution. Within the organisation of powers, the book not only describes how its legislative, executive and judicial functions are organised, but above all else, it analyses how a politically fragmented National Congress, a powerful President and an activist Supreme Court engage with each other in ways that one could hardly grasp by reading the constitutional text without contextual analysis. Similarly, the book also shows how the three-tiered federation established in 1988 has undergone a process of centralisation led not only by the central government but also by the Brazilian Supreme Court. In addition to chapters on organisation of powers, fundamental rights, federalism, and the legislative process, the book also presents an overview of Brazilian constitutionalism with a special focus on the transition from authoritarianism to democracy, which led to the enactment of the 1988 Constitution. In the conclusion, the author argues that part of the Constitution's transformative potential remains to be realised. Enforcing the Constitution, not changing it, has been the real challenge in the last three decades and will continue to be for many years to come.
Comparative Constitutional Engineering
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Author : Giovanni Sartori
language : en
Publisher: NYU Press
Release Date : 1997
Comparative Constitutional Engineering written by Giovanni Sartori 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 with History categories.
The second edition of this pathbreaking, highly innovative comparative study in state-building by a major political scientist is a fully updated examination of the problems of making democratic government work. Sartori begins by assessing electoral systems. He attacks the conventional wisdom that their influence cannot be predicted and also disputes the view that proportional representation is always best and will deliver 'consensus democracy'. He argues that the double-ballot formulas deserve more consideration for their ability to facilitate governability in adverse circumstances. His comparative assessment of presidential and semi-presidential systems and the variety of formulas that are categorized, sometimes misleadingly, as parliamentary, looks at the conditions that allow a political form to perform as intended. He concludes with a detailed proposal for a new type of government: alternating presidentialism. This meets the need for strong parliamentary control and efficient government, with safeguards against both parliamentary obstructionism and government by decree, and so could help to avoid political paralysis in Latin America, in the post-communist countries of Europe and in countries with dysfunctional parliamentary systems such as Italy and Israel.
Constitutional Erosion In Brazil
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Author : Emilio Peluso Neder Meyer
language : en
Publisher:
Release Date : 2021
Constitutional Erosion In Brazil written by Emilio Peluso Neder Meyer and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Constitutional 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 idea of 'social-democratic constitutionalism' the book presents a comparative look at jurisdictions which share a similar sharp inequality including Thailand, Argentina and South Africa."--
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 Unwritten Brazilian Constitution
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Author : Rubens Becak
language : en
Publisher: Rowman & Littlefield
Release Date : 2020-11-09
The Unwritten Brazilian Constitution written by Rubens Becak and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-09 with Law categories.
The Unwritten Brazilian Constitution offers an unexplored topic outside Portuguese language: the leading cases on human rights in the Brazilian Supreme Court (Supremo Tribunal Federal – STF). The Brazilian Constitution of 1988 represents an institutional framework able to restructure the relationship between the powers after the military dictatorship. The constituents drafted the Brazilian Constitution in order to set an extensive system of judicial protection for fundamental rights, by means of several instruments that have strengthened access to the Judiciary. Because the Brazilian Constitution has an extensive list of fundamental rights, the STF was called to interpret them several times and it developed an unwritten understanding of these fundamental rights. These decisions are not available to the international community since they are not translated to English. Based on this gap, this original book illustrates the main rulings on human rights analyzed by great scholars in Brazil. The text presents a deep discussion regarding the characteristics of the cases and demonstrates how the STF has built the legal arguments to interpret the extension of the fundamental rights.
The Constitutional System Of Brazil
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Author : Herman Gerlach James
language : en
Publisher:
Release Date : 1983
The Constitutional System Of Brazil written by Herman Gerlach James and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1983 with Brazil categories.
Comparative Constitutional Engineering
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Author : Giovanni Sartori
language : en
Publisher: NYU Press
Release Date : 1994-12-01
Comparative Constitutional Engineering written by Giovanni Sartori and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994-12-01 with Political Science categories.
A major political scientist provides a pathbreaking comparative study into state-building The second edition of this pathbreaking, highly innovative comparative study in state-building by a major political scientist is a fully updated examination of the problems of making democratic government work. Sartori begins by assessing electoral systems. He attacks the conventional wisdom that their influence cannot be predicted and also disputes the view that proportional representation is always best and will deliver 'consensus democracy'. He argues that the double-ballot formulas deserve more consideration for their ability to facilitate governability in adverse circumstances. His comparative assessment of presidential and semi-presidential systems and the variety of formulas that are categorized, sometimes misleadingly, as parliamentary, looks at the conditions that allow a political form to perform as intended. He concludes with a detailed proposal for a new type of government: alternating presidentialism. This meets the need for strong parliamentary control and efficient government, with safeguards against both parliamentary obstructionism and government by decree, and so could help to avoid political paralysis in Latin America, in the post-communist countries of Europe and in countries with dysfunctional parliamentary systems such as Italy and Israel.
The Constitutional System Of Brazil Classic Reprint
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Author : Herman Gerlach James
language : en
Publisher: Forgotten Books
Release Date : 2017-11-04
The Constitutional System Of Brazil Classic Reprint written by Herman Gerlach James and has been published by Forgotten Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-04 with categories.
Excerpt from The Constitutional System of Brazil This study, such as it is, could never have been completed without the whole-hearted support and interest of a large number of persons, both Americans and Brazilians. TO enumerate all the sources from which the writer obtained invaluable aid would be impossible. But to omit mention of some of them would be an act of gross discourtesy and ingratitude. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.