On the Limits of Constitutional Adjudication is popular PDF and ePub book, written by Juliano Zaiden Benvindo in 2010-07-23, it is a fantastic choice for those who relish reading online the Philosophy genre. Let's immerse ourselves in this engaging Philosophy book by exploring the summary and details provided below. Remember, On the Limits of Constitutional Adjudication can be Read Online from any device for your convenience.
On the Limits of Constitutional Adjudication Book PDF 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.
Detail Book of On the Limits of Constitutional Adjudication PDF
- Author : Juliano Zaiden Benvindo
- Release : 23 July 2010
- Publisher : Springer Science & Business Media
- ISBN : 9783642114342
- Genre : Philosophy
- Total Page : 433 pages
- Language : English
- PDF File Size : 19,5 Mb
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