On the Limits of Constitutional Adjudication

Deconstructing Balancing and Judicial Activism

Nonfiction, Reference & Language, Law, Reference, Religion & Spirituality, Philosophy
Cover of the book On the Limits of Constitutional Adjudication by Juliano Zaiden Benvindo, Springer Berlin Heidelberg
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Juliano Zaiden Benvindo ISBN: 9783642114342
Publisher: Springer Berlin Heidelberg Publication: July 23, 2010
Imprint: Springer Language: English
Author: Juliano Zaiden Benvindo
ISBN: 9783642114342
Publisher: Springer Berlin Heidelberg
Publication: July 23, 2010
Imprint: Springer
Language: English

Juliano Z. Benvindo investigates the current movement of constitutional courts towards political activism, especially by focusing on the increasing use of the balancing method as a “rational” justification for this process. From the critical perception of the serious risks of this movement to democracy, the book takes as examples two constitutional realities, Germany and Brazil, in order to discuss the rationality, correctness, and legitimacy of constitutional decisions within this context. Through a dialogue between Jacques Derrida’s deconstruction and Jürgen Habermas’s proceduralism, the author confronts Robert Alexy’s defense of the balancing method as well as those two constitutional realities. This confrontation leads to the introduction of the concept of limited rationality applied to constitutional democracy and constitutional adjudication, which affirms the double bind of history and justice as a condition for a practice of decision-making committed to the principle of separation of powers.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

Juliano Z. Benvindo investigates the current movement of constitutional courts towards political activism, especially by focusing on the increasing use of the balancing method as a “rational” justification for this process. From the critical perception of the serious risks of this movement to democracy, the book takes as examples two constitutional realities, Germany and Brazil, in order to discuss the rationality, correctness, and legitimacy of constitutional decisions within this context. Through a dialogue between Jacques Derrida’s deconstruction and Jürgen Habermas’s proceduralism, the author confronts Robert Alexy’s defense of the balancing method as well as those two constitutional realities. This confrontation leads to the introduction of the concept of limited rationality applied to constitutional democracy and constitutional adjudication, which affirms the double bind of history and justice as a condition for a practice of decision-making committed to the principle of separation of powers.

More books from Springer Berlin Heidelberg

Cover of the book Handling Societal Complexity by Juliano Zaiden Benvindo
Cover of the book Entrepreneurial Alertness by Juliano Zaiden Benvindo
Cover of the book Ecological Perception Research, Visual Communication, and Aesthetics by Juliano Zaiden Benvindo
Cover of the book Challenging the Orthodoxy by Juliano Zaiden Benvindo
Cover of the book Sepsis und MODS by Juliano Zaiden Benvindo
Cover of the book Oceanic Fronts in Coastal Processes by Juliano Zaiden Benvindo
Cover of the book Mathematik der Information by Juliano Zaiden Benvindo
Cover of the book Contaminated Sediments by Juliano Zaiden Benvindo
Cover of the book Qualitätsmanagement für Dienstleistungen by Juliano Zaiden Benvindo
Cover of the book Reinigungsdienste und Hygiene in Krankenhäusern und Pflegeeinrichtungen by Juliano Zaiden Benvindo
Cover of the book Fundamentals of Software Engineering by Juliano Zaiden Benvindo
Cover of the book Strategischer Wettbewerb by Juliano Zaiden Benvindo
Cover of the book Behavioral Neurogenetics by Juliano Zaiden Benvindo
Cover of the book Non-Surgical Control of Periodontal Diseases by Juliano Zaiden Benvindo
Cover of the book Das Chaos im Karpfenteich oder Wie Mathematik unsere Welt regiert by Juliano Zaiden Benvindo
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy