Interpreta O E Processo Constitucional Estudos Sobre A Efetiva O Contempor Nea De Direitos Fundamentais
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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.
Strengthening The Supervision Of The International Covenant On Economic Social And Cultural Rights
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Author : Kitty Arambulo
language : en
Publisher:
Release Date : 1999
Strengthening The Supervision Of The International Covenant On Economic Social And Cultural Rights written by Kitty Arambulo and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Law categories.
PART B - THEORY
Global Village Or Global Pillage
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Author : Jeremy Brecher
language : en
Publisher: South End Press
Release Date : 1998
Global Village Or Global Pillage written by Jeremy Brecher and has been published by South End Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Business & Economics categories.
In clear, accessible language, Brecher and Costello describe how people around the world have started challenging the New World Economy. From the Zapatistas of Chiapas to students in France to the broad-based anti-NAFTA and anti-GATT coalitions in the United States, opposition to economic globalization, Brecher and Costello argue, is becoming a worldwide revolt.
International Labour Law
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Author : N. Valticos
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-06-29
International Labour Law written by N. Valticos 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 2013-06-29 with Law categories.
This text was prepared as a monograph for the International Encyclopaedia for Labour Law and Industrial Relations. It is based on a more detailed work which appeared in French in 1970 and in Spanish in 1977. The material was brought up to date and recast to correspond to the type of monographs con tained in the Encyclopaedia, which were aimed at providing concise, but reasonably detailed information and analysis of national laws and practice. Thus indications concerning the historical background, important as they may be in the present case, as well as the discussion of a number of theoretical questions, have had to be considerably reduced. However, detailed, up-to date information is provided on the system of international labour standards and on the substantive provisions of the most important of these international instruments. As part of the Encyclopaedia for Labour Law and Industrial Relations, the present study will most probably reach those engaged in research in the field of labour law, as well as many employers' organisations and a large section of the trade union movement. However, it has been considered useful to publish the study also in book form to facilitate its use in wider circles such as university teachers and students, diplomats, politicians, international lawyers, and those engaged in daily trade union activities. Table of Contents List of Abbreviations 15 Introduction 17 CHAPTER I. HISTORICAL AND GENERAL BACKGROUND 17 § 1. Definition 17 §2. Historical development 17 §3.
Why Political Liberalism
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Author : Paul Weithman
language : en
Publisher: Oxford University Press
Release Date : 2010-12-22
Why Political Liberalism written by Paul Weithman 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 2010-12-22 with Philosophy categories.
In Why Political Liberalism?, Paul Weithman offers a fresh, rigorous, and compelling interpretation of John Rawls's reasons for taking his so-called "political turn". Weithman takes Rawls at his word that justice as fairness was recast as a form of political liberalism because of an inconsistency Rawls found in his early treatment of social stability. He argues that the inconsistency is best seen by identifying the threats to stability with which the early Rawls was concerned. One of those threats, often overlooked by Rawls's readers, is the threat that the justice of a well-ordered society would be undermined by a generalized prisoner's dilemma. Showing how the Rawls of "A Theory of Justice" tried to avert that threat shows that the much-neglected third part of that book is of considerably greater philosophical interest, and has considerably more unity of focus, than is generally appreciated. Weithman painstakingly reconstructs Rawls's attempts to show that a just society would be stable, and just as carefully shows why Rawls came to think those arguments were inconsistent with other parts of his theory. Weithman then shows that the changes Rawls introduced into his view between "Theory of Justice" and "Political Liberalism" result from his attempt to remove the inconsistency and show that the hazard of the generalized prisoner's dilemma can be averted after all. Recovering Rawls's two treatments of stability helps to answer contested questions about the role of the original position and the foundations of justice as fairness. The result is a powerful and unified reading of Rawls's work that explains his political turn and shows his enduring engagement with some of the deepest concerns of human life.
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.
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.
A Theory Of Legal Argumentation
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Author : Robert Alexy
language : en
Publisher: Oxford University Press, USA
Release Date : 2009-12-10
A Theory Of Legal Argumentation written by Robert Alexy and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-12-10 with Law categories.
What is to be understood by 'rational legal argument'? To what extent can legal reasoning be rational? Is the demand for rationality in legal affairs justified? And what are the criteria of rationality in legal reasoning? The answer to these questions is not only of interest to legal theorists and philosophers of law. They are pressing issues for practicing lawyers, and a matter of concern for every citizen active in the public arena. Not only the standing of academic law as a scientific discipline, but also the legitimacy of judicial decisions depends on the possibility of rational legal argumentation. A theory of legal reasoning which tries to answer these questions pre-supposes a theory of general practical reasoning. This theory is the subject matter of the first two parts of the book. The result is a theory of general practical discourse which rests on insights of both Anglo-Saxon and German philosophy. It forms the basis of the theory of rational legal discourse, which is developed in the third part of this book.
Transconstitutionalism
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Author : Marcelo Neves
language : en
Publisher: Bloomsbury Publishing
Release Date : 2013-05-01
Transconstitutionalism written by Marcelo Neves and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-05-01 with Law categories.
Transconstitutionalism is a concept used to describe what happens to constitutional law when it is emancipated from the state, in which can be found the origins of constitutional law. Transconstitutionalism does not exist because a multitude of new constitutions have appeared, but because other legal orders are now implicated in resolving basic constitutional problems. A transconstitutional problem entails a constitutional issue whose solution may involve national, international, supranational and transnational courts or arbitral tribunals, as well as native local legal institutions. Transconstitutionalism does not take any single legal order or type of order as a starting-point or ultima ratio. It rejects both nation-statism and internationalism, supranationalism, transnationalism and localism as privileged spaces for solving constitutional problems. The transconstitutional model avoids the dilemma of 'monism versus pluralism'. From the standpoint of transconstitutionalism, a plurality of legal orders entails a complementary and conflicting relationship between identity and alterity: constitutional identity is rearticulated on the basis of alterity. Rather than seeking a 'Herculean Constitution', transconstitutionalism tackles the many-headed Hydra of constitutionalism, always looking for the blind spot in one legal system and reflecting it back against the many others found in the world's legal orders.
Trust
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Author : Toshio Yamagishi
language : en
Publisher: Springer Science & Business Media
Release Date : 2011-09-13
Trust written by Toshio Yamagishi 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 2011-09-13 with Psychology categories.
This book is written around the central message that collectivist societies produce security, but destroy trust. In collectivist societies, people are connected through networks of strong personal ties where the behavior of all agents is constantly monitored and controlled. As a result, individuals in collectivist networks are assured that others will abide by social norms, and gain a sense of security erroneously thought of as “trust.” However, this book argues that this security is not truly trust, based on beliefs regarding the integrity of others, but assurance, based on the system of mutual control within the network. In collectivist societies, security is assured insofar as people stay within the network, but people do not trust in the benevolence of human nature. On the one hand, transaction costs are reduced within collectivist networks, as once accepted into a network the risk of being maltreated is minimized. However, joining the network requires individuals to pay opportunity cost, that is, they pay a cost by forgoing potentially superior opportunities outside the security of the network. In this era of globalization, people from traditionally collectivistic societies face the challenge of learning how to free themselves from the security of such collectivistic networks in order to explore the opportunities open to them elsewhere. This book presents research investigating how the minds of individuals are shaped by the conflict between maintaining security inside closed networks of strong ties, and venturing outside of the network to seek out new opportunities.