On the Limits of Constitutional Adjudication : Deconstructing Balancing and Judicial Activism / by Juliano Zaiden Benvindo.
2010
Formats
| Format | |
|---|---|
| BibTeX | |
| MARCXML | |
| TextMARC | |
| MARC | |
| DublinCore | |
| EndNote | |
| NLM | |
| RefWorks | |
| RIS |
Items
Details
Title
On the Limits of Constitutional Adjudication : Deconstructing Balancing and Judicial Activism / by Juliano Zaiden Benvindo.
Added Corporate Author
Edition
1st ed. 2010.
Imprint
Berlin, Heidelberg : Springer Berlin Heidelberg : Imprint: Springer, 2010.
Description
XX, 421 p. online resource
Formatted Contents Note
German and Brazilian Constitutional Cultures: Constitutional Adjudication and Activism
An Approach to Decision-Making
Balancing Within the Context of German Constitutionalism: The Bundesverfassungsgericht's Shift to Activism
Balancing Within the Context of Brazilian Constitutionalism: The Supremo Tribunal Federal's Shift to Activism
The Debate on the Rationality of Balancing
The Aim to Rationalize Balancing Within the Context of Constitutional Courts' Activism
When Différance Comes to Light: Balancing Within the Context of Deconstruction
When Procedures Towards Mutual Understanding Come to Light: Balancing Within the Context of Proceduralism
The Concept of Limited Rationality
Between Différance and Intersubjectivity: The Concept of Limited Rationality in Constitutional Democracy
Between Différance and Intersubjectivity: The Concept of Limited Rationality in the Realm of Constitutional Adjudication.
An Approach to Decision-Making
Balancing Within the Context of German Constitutionalism: The Bundesverfassungsgericht's Shift to Activism
Balancing Within the Context of Brazilian Constitutionalism: The Supremo Tribunal Federal's Shift to Activism
The Debate on the Rationality of Balancing
The Aim to Rationalize Balancing Within the Context of Constitutional Courts' Activism
When Différance Comes to Light: Balancing Within the Context of Deconstruction
When Procedures Towards Mutual Understanding Come to Light: Balancing Within the Context of Proceduralism
The Concept of Limited Rationality
Between Différance and Intersubjectivity: The Concept of Limited Rationality in Constitutional Democracy
Between Différance and Intersubjectivity: The Concept of Limited Rationality in the Realm of Constitutional Adjudication.
Summary
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.
Location
www
In
Springer Nature eBook
Available in Other Form
Printed edition:
Printed edition:
Printed edition:
Printed edition:
Printed edition:
Linked Resources
Alternate Title
SpringerLink electronic monographs.
Language
English
ISBN
9783642114342
Record Appears in