£108.62

Springer - On the Limits of Constitutional Adjudication

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Description

Explore the complex relationship between constitutional courts and political activism in this scholarly work by Juliano Z. Benvindo. Published by Springer, this book examines how the balancing method is used as a justification for judicial actions that may impact democratic structures. By looking at the constitutional realities of Germany and Brazil, the text provides a comparative analysis of how judicial decisions are made. It addresses the questions of rationality, correctness, and legitimacy in a modern legal context. The author builds a theoretical framework by creating a dialogue between the deconstruction theories of Jacques Derrida and the proceduralism of Jurgen Habermas. This book is an essential resource for legal scholars, students, and professionals interested in the boundaries of judicial power and the risks associated with increasing political activism within constitutional courts. It offers a deep look at how legal reasoning shapes the democratic process.

Key Features

Investigates the rise of political activism within constitutional courts and the use of the balancing method.

Provides a comparative study of two specific constitutional systems: Germany and Brazil.

Analyzes the rationality, correctness, and legitimacy of modern constitutional decisions.

Integrates the theoretical perspectives of Jacques Derrida and Jurgen Habermas.

Examines the potential risks that judicial activism poses to democratic stability.

Product Specifications

Format
hardcover
Domain
Amazon UK
Release Date
13 August 2010
Listed Since
04 December 2009

Barcode

No barcode data available

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