Modu O De Efeitos Em Sede De Controle Concentrado De Constitucionalidade
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Modu O De Efeitos Em Sede De Controle Concentrado De Constitucionalidade
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Author : Fernanda Resende Severino
language : pt-BR
Publisher: Conhecimento Livraria e Distribuidora
Release Date : 2021-12-17
Modu O De Efeitos Em Sede De Controle Concentrado De Constitucionalidade written by Fernanda Resende Severino and has been published by Conhecimento Livraria e Distribuidora this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-17 with Law categories.
O presente livro analisa e pesquise os aspectos jurídico-constitucionais do instituto da modulação dos efeitos nas decisões declaratórias de inconstitucionalidade proferidas nos processos coletivos e objetivos de controle concentrado de constitucionalidade; bem como, as respectivas decisões do Supremo Tribunal Federal ao realizar tal controle, e a fundamentação apresentada para aplicação deste instituto, que é exceção no Direito Brasileiro.
Libraries The First Amendment And Cyberspace
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Author : Robert S. Peck
language : en
Publisher: American Library Association
Release Date : 2000
Libraries The First Amendment And Cyberspace written by Robert S. Peck and has been published by American Library Association this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Computers categories.
Provides answers to questions librarians often have about the First Amendment and library services, discussing basic First Amendment principles, the right to offend, religious motivations and library use, and other topics.
The Oxford Handbook Of Comparative Constitutional Law
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Author : Michel Rosenfeld
language : en
Publisher: OUP Oxford
Release Date : 2012-05-17
The Oxford Handbook Of Comparative Constitutional Law written by Michel Rosenfeld and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-05-17 with Law categories.
The field of comparative constitutional law has grown immensely over the past couple of decades. Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and centre. Driven by the global spread of democratic government and the expansion of international human rights law, the prominence and visibility of the field, among judges, politicians, and scholars has grown exponentially. Even in the United States, where domestic constitutional exclusivism has traditionally held a firm grip, use of comparative constitutional materials has become the subject of a lively and much publicized controversy among various justices of the U.S. Supreme Court. The trend towards harmonization and international borrowing has been controversial. Whereas it seems fair to assume that there ought to be great convergence among industrialized democracies over the uses and functions of commercial contracts, that seems far from the case in constitutional law. Can a parliamentary democracy be compared to a presidential one? A federal republic to a unitary one? Moreover, what about differences in ideology or national identity? Can constitutional rights deployed in a libertarian context be profitably compared to those at work in a social welfare context? Is it perilous to compare minority rights in a multi-ethnic state to those in its ethnically homogeneous counterparts? These controversies form the background to the field of comparative constitutional law, challenging not only legal scholars, but also those in other fields, such as philosophy and political theory. Providing the first single-volume, comprehensive reference resource, the 'Oxford Handbook of Comparative Constitutional Law' will be an essential road map to the field for all those working within it, or encountering it for the first time. Leading experts in the field examine the history and methodology of the discipline, the central concepts of constitutional law, constitutional processes, and institutions - from legislative reform to judicial interpretation, rights, and emerging trends.
The Identity Of The Constitutional Subject
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Author : Michel Rosenfeld
language : en
Publisher: Routledge
Release Date : 2009-10-16
The Identity Of The Constitutional Subject written by Michel Rosenfeld and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-10-16 with Law categories.
The last fifty years has seen a worldwide trend toward constitutional democracy. But can constitutionalism become truly global? Relying on historical examples of successfully implanted constitutional regimes, ranging from the older experiences in the United States and France to the relatively recent ones in Germany, Spain and South Africa, Michel Rosenfeld sheds light on the range of conditions necessary for the emergence, continuity and adaptability of a viable constitutional identity - citizenship, nationalism, multiculturalism, and human rights being important elements. The Identity of the Constitutional Subject is the first systematic analysis of the concept, drawing on philosophy, psychoanalysis, political theory and law from a comparative perspective to explore the relationship between the ideal of constitutionalism and the need to construct a common constitutional identity that is distinct from national, cultural, ethnic or religious identity. The Identity of the Constitutional Subject will be of interest to students and scholars in law, legal and political philosophy, political science, multicultural studies, international relations and US politics.
Principles Of Public International Law
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Author : Timothy Hillier
language : en
Publisher: Routledge
Release Date : 1999
Principles Of Public International Law written by Timothy Hillier and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Law categories.
This text covers the main traditional topics of public international law such as the nature and sources of international law, the law of treaties, jurisdiction, personality and the peaceful settlement of disputes. More specific topics are also considered and these include human rights, the use of force, the laws of war and the growing body of international environmental law. The book aims, wherever possible, to identify the current areas of controversy, giving details of the main arguments and providing the author's own comment. The law and its application are illustrated by reference to current international events, such as the upheavals in the area of the former Yugoslavia.
Authoritarian Rule Of Law
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Author : Jothie Rajah
language : en
Publisher: Cambridge University Press
Release Date : 2012-04-16
Authoritarian Rule Of Law written by Jothie Rajah 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 2012-04-16 with Law categories.
Through a focus on Singapore, this book presents an analysis of authoritarian legalism, showing how prosperity, public discourse, and a rigorous observance of legal procedure enable a reconfigured rule of law - liberal form but illiberal content. It shows how institutions and process become tools to constrain dissenting citizens while protecting those in political power.
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.
Theory Of Legal Principles
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Author : Humberto Avila
language : en
Publisher: Springer Science & Business Media
Release Date : 2007-09-26
Theory Of Legal Principles written by Humberto Avila 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 2007-09-26 with Law categories.
This book examines the distinction between principles and rules so that they can be better understood and applied. It structures the distinction between principles and rules on different foundations than those jurisprudence ordinarily employs. It also proposes a new model to explain the normative species, which includes structured weighing on the application process while encompassing substantive criteria of justice in its argument.
Judging Policy
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Author : Matthew M. Taylor
language : en
Publisher: Stanford University Press
Release Date : 2008-02-26
Judging Policy written by Matthew M. Taylor 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 2008-02-26 with Political Science categories.
Courts, like other government institutions, shape public policy. But how are courts drawn into the policy process, and how are patterns of policy debate shaped by the institutional structure of the courts? Drawing on the experience of the Brazilian federal courts since the transition to democracy, Judging Policy examines the judiciary's role in public policy debates. During a period of energetic policy reform, the high salience of many policies, combined with the conducive institutional structure of the judiciary, ensured that Brazilian courts would become an important institution at the heart of the policy process. The Brazilian case thus challenges the notion that Latin America's courts have been uniformly pliant or ineffectual, with little impact on politics and policy outcomes. Judging Policy also inserts the judiciary into the scholarly debate regarding the extent of presidential control of the policy process in Latin America's largest nation. By analyzing the full Brazilian federal court system—including not only the high court, but also trial and appellate courts—the book develops a framework with cross-national implications for understanding how courts may influence policy actors' political strategies and the distribution of power within political systems.
Marbury V Madison
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Author : William Edward Nelson
language : en
Publisher:
Release Date : 2000
Marbury V Madison written by William Edward Nelson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Biography & Autobiography categories.
This book is a study of the power of the American Supreme Court to interpret laws and overrule any found in conflict with the Constitution. It examines the landmark case of Marbury versus Madison (1803), when that power of judicial review was first fully articulated.