O Conceito Funcional De Norma Na Jurisprud Ncia Do Tribunal Constitucional A Fronteira Entre O Controlo De Norma E O Controlo De Decis O
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O Conceito Funcional De Norma Na Jurisprud Ncia Do Tribunal Constitucional A Fronteira Entre O Controlo De Norma E O Controlo De Decis O
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Author : Afonso Brás
language : pt-BR
Publisher: Leya
Release Date : 2023-06-29
O Conceito Funcional De Norma Na Jurisprud Ncia Do Tribunal Constitucional A Fronteira Entre O Controlo De Norma E O Controlo De Decis O written by Afonso Brás and has been published by Leya this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-06-29 with Law categories.
O sistema português de fiscalização da constitucionalidade centra-se no controlo de “normas”, ficando de fora desse controlo atos não normativos, em especial as “decisões judiciais”. Desde cedo, porém, que o Tribunal Constitucional (TC) se deparou com uma questão: sendo o controlo normativo, sobre que “normas” é que deverá incidir? E como assegurar o respeito da fronteira que tem de existir entre controlo legítimo de norma e controlo ilegítimo de decisão judicial? A presente obra, partindo da análise do conceito “funcional” de norma desenvolvido pelo TC, explora todas as restantes situações ditas normativas que, sendo também “situações de fronteira”, e ocorrendo no contexto da decisão judicial recorrida, fazem surgir a questão de saber se o seu respetivo conhecimento, pelo TC, implica (ou não) um controlo dessa mesma decisão.
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.
International Dispute Settlement
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Author : MaryEllen O'Connell
language : en
Publisher: Routledge
Release Date : 2017-07-05
International Dispute Settlement written by MaryEllen O'Connell and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-05 with History categories.
The very purpose of international law is the peaceful settlement of international disputes. Over centuries, states and more recently, organizations have created substantive rules and principles, as well as affiliated procedures, in the pursuit of the peaceful settlement of disputes. This volume of the Library of Essays in International Law focuses on the classic procedures of peaceful settlement: negotiation, good offices, inquiry, conciliation, arbitration, judicial settlement, and agencies for dispute resolution. The introduction provides a unique historic overview, explaining how the procedures first developed and changed over time. Each chapter features a seminal essay that helped create the changes described in the introduction. Being at the center of international law, dispute resolution has always been a core topic of international scholarship, this volume brings together for the first time, the pivotal writing in the field.
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.
Constitutional Faith
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Author : Sanford Levinson
language : en
Publisher: Princeton University Press
Release Date : 2011-09-11
Constitutional Faith written by Sanford Levinson 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 2011-09-11 with History categories.
"The book is intended to make clearer the ambiguities of "constitutional faith," i.e. wholehearted attachment to the Constitution as the center of one's (and ultimately the nation's) political life."--The introduction.
Political Power And The Governmental Process
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Author : Karl Loewenstein
language : en
Publisher:
Release Date : 1965
Political Power And The Governmental Process written by Karl Loewenstein and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1965 with Political science categories.
Interpretation Law And The Construction Of Meaning
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Author : Anne Wagner
language : en
Publisher: Springer Science & Business Media
Release Date : 2007-05-16
Interpretation Law And The Construction Of Meaning written by Anne Wagner 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 2007-05-16 with Law categories.
The study of legal semiotics emphasizes the contingency and fluidity of legal concepts and stresses the existence of overlapping, competing and coexisting legal discourses. New problems, changing power structures and societal norms and new faces of injustice – all these force reconsideration, reformulation and even replacement of established doctrines. This book focuses on the application of law in a wide variety of contexts, including international politics and diplomatic practice.
The Cycles Of Constitutional Time
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Author : Jack M. Balkin
language : en
Publisher: Oxford University Press, USA
Release Date : 2020
The Cycles Of Constitutional Time written by Jack M. Balkin 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 2020 with Law categories.
"America's constitutional system evolves through the interplay between three cycles: the rise and fall of dominant political parties, the waxing and waning of political polarization, and alternating episodes of constitutional rot and constitutional renewal. America's politics seems especially fraught today because we are nearing the end of the Republican Party's long political dominance, at the height of a long cycle of political polarization, and suffering from an advanced case of "constitutional rot." Constitutional rot is the historical process through which republics become increasingly less representative and less devoted to the common good. Caused by increasing economic inequality and loss of trust, constitutional rot seriously threatens the constitutional system. But America has been through these cycles before, and will get through them again. America is in a Second Gilded Age slowly moving toward a second Progressive Era, during which polarization will eventually recede. The same cycles shape the work of the federal courts and theories about constitutional interpretation. They explain why political parties have switched sides on judicial review not once but twice in the twentieth century. Polarization and constitutional rot alter the political supports for judicial review, make fights over judicial appointments especially bitter, and encourage constitutional hardball. The Constitution ordinarily relies on the judiciary to protect democracy and to prevent political corruption and self-entrenching behavior. But when constitutional rot is advanced, the Supreme Court is likely to be ineffective and may even make matters worse. Courts cannot save the country from constitutional rot; only political mobilization can"--
Benjamin Franklin
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Author : Rod Espinosa
language : en
Publisher: ABDO
Release Date : 2007-09-01
Benjamin Franklin written by Rod Espinosa and has been published by ABDO this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-09-01 with Juvenile Nonfiction categories.
Graphic novels aren't just for superheroes! Benjamin Franklin has been plucked from history books and his life and accomplishments have been depicted in informative nonfiction graphic novels. The subject's birth, childhood, education, community service, and inventions have been skillfully told with detailed art. Further reading lists, timelines, glossaries, and indexes make these titles useful in classroom discussion.
The Oxford Handbook Of Financial Regulation
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Author : Niamh Moloney
language : en
Publisher: OUP Oxford
Release Date : 2015-08-27
The Oxford Handbook Of Financial Regulation written by Niamh Moloney and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-08-27 with Law categories.
The financial system and its regulation have undergone exponential growth and dramatic reform over the last thirty years. This period has witnessed major developments in the nature and intensity of financial markets, as well as repeated cycles of regulatory reform and development, often linked to crisis conditions. The recent financial crisis has led to unparalleled interest in financial regulation from policymakers, economists, legal practitioners, and the academic community, and has prompted large-scale regulatory reform. The Oxford Handbook of Financial Regulation is the first comprehensive, authoritative, and state of the art account of the nature of financial regulation. Written by an international team of leading scholars in the field, it takes a contextual and comparative approach to examine scholarly, policy, and regulatory developments in the past three decades. The first three parts of the Handbook address the underpinning horizontal themes which arise in financial regulation: financial systems and regulation; the organization of financial system regulation, including regional examples from the EU and the US; and the delivery of outcomes and regulatory techniques. The final three Parts address the perennial objectives of financial regulation, widely regarded as the anchors of financial regulation internationally: financial stability, market efficiency, integrity, and transparency; and consumer protection. The Oxford Handbook of Financial Regulation is an invaluable resource for scholars and students of financial regulation, economists, policy-makers and regulators.