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The Political Dimension of Constitutional Law
This book discusses in what sense constitutional law has a political dimension, raising the question whether constitutional law is fundamentally political as to its validity, terms of its origin, conceptual structure and/or corresponding practice. It also poses the question whether that dimension is a political-theological dimension. A positive answer to these questions challenges the prevailing view that constitutional law is to be conceived strictly as law, moreover as written law, approved at a certain point in history by a particular power and interpreted as any other law by the judiciary. The essays included in this book, written by leading scholars in constitutional theory – including Martin Loughlin, Paul Kahn, Manon Altwegg-Boussac and Massimo La Torre – address these questions in a timely and original way.
Legística
Os estudos em homenagem ao eminente Professor Catedrático da Faculdade de Direito da Universidade de Lisboa, Carlos Blanco de Morais, são voltados ao tema da Legística, técnica e arte da Ciência de elaboração legislativa, pela pena de ilustres mestres brasileiros e portugueses. Todos, sem exceção, com renome internacional.In Introdução, de Ives Gandra da Silva Martins
Holistic Command of War
The Nature and command of the available forces; inter-organizational coordination; coherence between politics, strategy, operations and tactics; and finally, time. Wellington, Spínola and Petraeus led the effort of vast civilian and military teams that, at different periods of history and in distinct geographical settings, had the opportunity to apply a holistic command using, to varying degrees, the above four dimensions. What they achieved from the experiences they led, and the doctrines they used, from what the reality on the ground showed to them and from the concurrent political decisions that were imposed on them, limiting their own political and strategic action, is all an important part of this comprehensive study. By studying the applicability in the situations of Wellington, Spínola and Petraeus, it was possible to extrapolate a general theory about the holistic command of war. One that is masterfully presented for discussion in this work.
Impactos da Pandemia da Covid-19 nas Estruturas do Direito Público
A presente obra pretende avaliar o impacto da pandemia da doença COVID-19 no Direito Público. Em que medida institutos como os estados de exceção, os direitos fundamentais, o federalismo, a responsabilidade civil, o princípio da legalidade e a tutela da constitucionalidade dos atos do poder público foram capazes de reagir aos desafios da pandemia? Será que, depois desta, se tornam necessários ajustamentos em face de um "novo normal"? A obra conta com a colaboração de renomados professores e investigadores da Faculdade de Direito de Lisboa, do Instituto Brasileiro de Ensino, Desenvolvimento e Pesquisa (IDP), da Faculdade de Direito da Universidade de São Paulo, da Fundação Getúlio Vargas, da Universidade Complutense de Madrid e da Universidade La Sapienza, de Roma.
Hong Kong's Court of Final Appeal
In the years since it was established on 1 July 1997, Hong Kong's Court of Final Appeal has developed a distinctive body of new law and doctrine with the help of eminent foreign common law judges. Under the leadership of Chief Justice Andrew Li, it has also remained independent under Chinese sovereignty and become a model for other Asian final courts working to maintain the rule of law, judicial independence and professionalism in challenging political environments. In this book, leading practitioners, jurists and academics examine the Court's history, operation and jurisprudence, and provide a comparative analysis with European courts and China's other autonomous final court in Macau. It also makes use of extensive empirical data compiled from the jurisprudence to illuminate the Court's decision-making processes and identify the relative impacts of the foreign and local judges.
Constitutional Review in Western Europe
Recent confrontations between constitutional courts and parliamentary majorities in several European countries have attracted international interest in the relationship between the judiciary and the legislature. Some political actors have argued that courts have assumed too much power and politics has been extremely judicialized. Yet the extent to which this aggregation of power may have constrained the dominant political actors’ room for manoeuvre has never been examined accurately and systematically. This volume fills this gap in the literature. To explore the diversity and measure the strength of judicial decisions, the authors have elaborated a new methodology that is intended to give ...
Judicial Activism
This volume offers different perspectives on judicial practice in the European and American contexts, both arguably characterized in the last decades by the emergence of novel normative and even policy arguments by judges. The central question deserving the attention of the contributors concerns the degree in which judicial exercises in practical reasoning may amount to forms of judicial usurpation of the legislative function by courts. Since different views as to the nature and scope of legal reasoning lead to different degrees of tolerance regarding what should be admissible to courts, that same nature and scope is thoroughly debated. The main disciplinary approach is that of general jurisprudence, but the contributions take stock of other disciplines in which judicial activism has been addressed, namely positive theories of judicial behavior. Accordingly, the book also explores the development of interdisciplinary dialogue about the theme.
Constitutional Courts and Democratic Values
Víctor Ferreres Comella contrasts the European 'centralised' constitutional court model, in which one court system is used to adjudicate constitutional questions, with a decentralised model such as that of the United States, in which courts deal with both constitutional and non-constitutional questions.
The Max Planck Handbooks in European Public Law
This series analyses the public law of the European legal space, which encompasses the law of the EU, the European Convention on Human Rights, and the domestic public laws of European states. This volume analyses the history, organization, and procedure of constitutional adjudication and outlines the historical process and current outlook.
Political Institutions and Democracy in Portugal
This book examines how patterns of political representation, party system, and political culture have changed in Southern Europe following the “Great Recession” of 2008. It draws on the experience of Portugal to argue that austerity measures have significantly deepened the legitimacy crisis of democratic institutions, but the resilience of party system is remarkable in comparison. The case of Portugal present some interesting differences from other southern European democracies, since on one hand it suffered a deep economic crisis and the consequent bailout from the International Monetary Fund, the European Central Bank and the European Union, but on the other hand the party system remained stable. Nevertheless the impact of the crisis did reinforce a centre-periphery cleavage within the European Union, and especially in the Eurozone, Portugal is a central element of this new cleavage notoriously aggravated by Brexit.
