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The Unwritten Brazilian Constitution
  • Language: en
  • Pages: 285

The Unwritten Brazilian Constitution

  • Categories: Law

The Unwritten Brazilian Constitution offers an unexplored topic outside Portuguese language: the leading cases on human rights in the Brazilian Supreme Court (Supremo Tribunal Federal – STF). The Brazilian Constitution of 1988 represents an institutional framework able to restructure the relationship between the powers after the military dictatorship. The constituents drafted the Brazilian Constitution in order to set an extensive system of judicial protection for fundamental rights, by means of several instruments that have strengthened access to the Judiciary. Because the Brazilian Constitution has an extensive list of fundamental rights, the STF was called to interpret them several times and it developed an unwritten understanding of these fundamental rights. These decisions are not available to the international community since they are not translated to English. Based on this gap, this original book illustrates the main rulings on human rights analyzed by great scholars in Brazil. The text presents a deep discussion regarding the characteristics of the cases and demonstrates how the STF has built the legal arguments to interpret the extension of the fundamental rights.

Borrowing Justification for Proportionality
  • Language: en
  • Pages: 349

Borrowing Justification for Proportionality

  • Categories: Law
  • Type: Book
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  • Published: 2018-11-11
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  • Publisher: Springer

The proportionality test, as proposed in Robert Alexy’s principles theory, is becoming commonplace in comparative constitutional studies. And yet, the question “are courts justified in borrowing proportionality?” has not been expressly put in many countries where judicial borrowings are a reality. This book sheds light on this question and examines the circumstances under which courts are authorized to borrow from alien legal sources to rule on constitutional cases. Taking the Supreme Federal Court of Brazil – and its enthusiastic recourse to proportionality when interpreting the Federal Constitution – as a case study, the book investigates the normative reasons that could justify ...

A Pandemic of Populists
  • Language: en
  • Pages: 259

A Pandemic of Populists

  • Categories: Law

Explores the rise of populism in power, focusing on its causes, characteristics, impact on democracy, and how to fight back.

Proportionality and Transformation
  • Language: en
  • Pages: 353

Proportionality and Transformation

  • Categories: Law

This is the first book on the theory and practice of proportionality in Latin American constitutional law.

Constitutionalism Justified
  • Language: en
  • Pages: 385

Constitutionalism Justified

  • Categories: Law
  • Type: Book
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  • Published: 2020
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  • Publisher: Unknown

This volume analyzes Rainer Forst's theory of the right to justification from legal-philosophical and constitutional-theoretical perspectives. The contributions address issues such as the philosophical foundations of justification and constitutionalism, the justification of human rights, the requirements of social justice, and important elements of constitutional law. Forst responds to the contributions in a concluding chapter.

Proportionality in Action
  • Language: en
  • Pages: 689

Proportionality in Action

  • Categories: Law

A comparative and empirical analysis of proportionality in the case law of six constitutional and supreme courts.

Abusive Constitutional Borrowing
  • Language: en
  • Pages: 241

Abusive Constitutional Borrowing

  • Categories: Law

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.

Rivers of South America
  • Language: en
  • Pages: 1046

Rivers of South America

  • Type: Book
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  • Published: 2024-10-04
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  • Publisher: Elsevier

Rivers of South America examines the physical, chemical, and biological environment of South American Rivers, and the people living in their basins. The book explores the main river basins, with information on each river's history, physiography, clime, hydrology, biodiversity, ecological processes, environmental problems, management, and conservation. The book identifies conservation hotspots for riverine environments, and is enriched with a large number of maps, photos, graphs, and tables. This reference is important for aquatic ecologists, environmental authorities, local and national governments, academics, NGOs, and those interested in the preservation and management of flowing waters. - Presents boxed information in each chapter to provide clear and consistent highlights throughout - Provides a single source of information for South America's major rivers - Offers full-color photographs and topographical maps to demonstrate the beauty, major features, and uniqueness of each river system

Entre a crise e a esperança
  • Language: pt-BR
  • Pages: 353

Entre a crise e a esperança

  • Categories: Law

Escrito por vários juristas, este livro reúne temas que estão na crista da onda em termos de trabalho e Direito do Trabalho. É uma obra especialmente útil para quem deseja aprofundar seus conhecimentos, preparar-se para concursos ou simplesmente se manter atualizado(a). A organização é da Professora Rúbia Zanotelli de Alvarenga, autora de inúmeros livros e artigos.

One Hundred Years of Social Protection
  • Language: en
  • Pages: 452

One Hundred Years of Social Protection

While the rise of social protection in the global North has been widely researched, we know little about the history of social protection in the global South. This volume investigates the experiences of four middle-income countries - Brazil, India, China and South Africa - from 1920 to 2020, analysing if, when, and how these countries articulated a concern about social issues and social cohesion. As the first in-depth study of the ideational foundations of social protection policies and programmes in these four countries, the contributions demonstrate that the social question was articulated in an increasingly inclusive way. The contributions identify the ideas, beliefs, and visions that underpinned the movement towards inclusion and social peace as well as counteracting doctrines. Drawing on perspectives from the sociology of knowledge, grounded theory, historiography, discourse analysis, and process tracing, the volume will be of interest to scholars across political science, sociology, political economy, history, area studies, and global studies, as well as development experts and policymakers.