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Constitutional Erosion in Brazil
This book provides a fascinating analysis of a single jurisdiction, Brazil, and accounts for both the successes and the failures of its most recent constitutional project, inaugurated by the Constitution of 1988. It sets out the following aspects of the constitutional development and erosion: - the different phases of the promised transition from military rule to a 'social-democratic constitutionalism'; - the obstacles to democratisation derived from the absence of true institutional reforms in the judicial branch and in the civil-military relationship; - the legal and social practices which maintained a structure that obstructed the emergence of an effective social-democracy, such as the ne...
Constitutional Erosion in Brazil
This book provides a fascinating analysis of a single jurisdiction, Brazil, and accounts for both the successes and the failures of its most recent constitutional project, inaugurated by the Constitution of 1988. It sets out the following aspects of the constitutional development and erosion: - the different phases of the promised transition from military rule to a 'social-democratic constitutionalism'; - the obstacles to democratisation derived from the absence of true institutional reforms in the judicial branch and in the civil-military relationship; - the legal and social practices which maintained a structure that obstructed the emergence of an effective social-democracy, such as the ne...
A Pandemic of Populists
Explores the rise of populism in power, focusing on its causes, characteristics, impact on democracy, and how to fight back.
Justice and Memory After Dictatorship
Justice and Memory after Dictatorship: Latin America, Eastern Europe and the Fragmentation of International Criminal Law provides a ground-breaking socio-historical account of the global transformation of international criminal law after the fall of dictatorships at the end of the 1980s.
Abusive Constitutional Borrowing
Law is fast globalizing as a field, and many lawyers, judges and political leaders are engaged in a process of comparative "borrowing". But this new form of legal globalization has darksides: it is not just a source of inspiration for those seeking to strengthen and improve democratic institutions and policies. It is increasingly an inspiration - and legitimation device - for those seeking to erode democracy by stealth, under the guise of a form of faux liberal democratic cover. Abusive Constitutional Borrowing: Legal globalization and the subversion of liberal democracy outlines this phenomenon, how it succeeds, and what we can do to prevent it. This book address current patterns of democratic retrenchment and explores its multiple variants and technologies, considering the role of legitimating ideologies that help support different modes of abusive constitutionalism. An important contribution to both legal and political scholarship, this book will of interest to all those working in the legal and political disciplines of public law, constitutional theory, political theory, and political science.
Limits of Democracy
In this timely book, Brazilian political philosopher Marcos Nobre analyzes the social and political roots of the election of Jair Bolsonaro to the presidency of Brazil and shows how this process is connected to the rise of new far-right movements threatening democracy around the world. Nobre describes the rise of the movement that elected Bolsonaro as a reactionary and anti-democratic highjack of the democratic impulse unleashed by the June 2013 uprisings, when millions of Brazilians took to the streets to protest against a dysfunctional political system, and frames the Brazilian case within the global crisis that exposed the limits of a democracy based on the neoliberal consensus after the ...
Responsive Judicial Review
Democratic dysfunction can arise in both 'at risk' and well-functioning constitutional systems. It can threaten a system's responsiveness to both minority rights claims and majoritarian constitutional understandings. Responsive Judicial Review aims to counter this dysfunction using examples from both the global north and global south, including leading constitutional courts in the US, UK, Canada, India, South Africa, and Colombia, as well as select aspects of the constitutional jurisprudence of courts in Australia, Fiji, Hong Kong, and Korea. In this book, Dixon argues that courts should adopt a sufficiently 'dialogic' approach to countering relevant democratic blockages and look for ways to...
Proportionality Balancing and Constitutional Governance
The book examines the law and politics of rights protection in democracies, and in human rights regimes in Europe, the Americas, and Africa.
Law, Reason and Emotion
Volume III: Working Groups
Women, Gender, and Constitutionalism in Latin America
This book discusses to what extent and how constitutional design and practice in Latin America have helped in combatting the subordination of women and LGBTQIA+ people. Covering 11 jurisdictions, the chapters identify the main elements of the constitutional gender order and survey jurisprudential and legislative developments in different areas, incorporating contextual analysis and references to history, political dynamics, social movements, feminist struggles, normative efficacy, and policy. In the context of a constitutionalism that has been celebrated as particularly innovative and socially engaged, the book assesses constitutional performance in the quest to supersede the separate gender...
