Symbolic Constitutionalization

Author : Marcelo Neves
Publisher : Oxford University Press
Page : 193 pages
File Size : 55,5 Mb
Release : 2022-03-31
Category : Law
ISBN : 9780192671370

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Symbolic Constitutionalization by Marcelo Neves Pdf

The subject of this book is the social and political meaning of constitutional texts to the detriment of their legal concretization. Focusing on the discrepancy between the hypertrophically symbolic function of constitutions and their insufficient legal concretization, it offers a critical counterpoint to constitutional theory that treats constitutional texts as a panacea to solving political, legal, and social problems. In contrast to the premises of Niklas Luhmann's systems theory regarding law and constitution in world's society, symbolic constitutionalization is approached here in both a comprehensive and far-reaching perspective. Chapter 1 sets out the debate about symbolic legislation. Chapter 2 explains the notion of symbolic constitutionalization as a problem embracing the whole legal system. Chapter 3 approaches the issue in terms of allopoiesis of law, characterizing it primarily as a problem in peripheral modernity and referring to the Brazilian experience. The final chapter discusses the tendency to a symbolic constitutionalization of world society in the scope of a paradoxical peripheralization of the centre.

Author : Miguel Nogueira de Brito,Carina Calabria,Fábio Portela L. Almeida
Publisher : Springer Nature
Page : 256 pages
File Size : 46,9 Mb
Release : 2021-03-01
Category : Law
ISBN : 9783030635015

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Law as Passion by Miguel Nogueira de Brito,Carina Calabria,Fábio Portela L. Almeida Pdf

Inspired by the works of Professor Marcelo Neves, in this book colleagues come together to explore how their research has been influenced by non-European and post-colonial approaches. With a foreword by Karl-Heinz Ladeur, it features essays written by leading scholars in the fields of sociology of law and constitutional theory – including Hauke Brunkhorst, Darío Rodrígues, Kimmo Nuotio and Pablo Holmes. The content is divided into four sections, the first of which, “Law, State, and Global Crisis,” covers topics related to the modern constitutional state, the crisis of global capitalism, and the global rule of law. The second, “Symbolic Constitutionalization,” analyzes challenges to constitutionalism in the “Peripheral Modernity.” The authors in the third section examine how the concept of “Transconstitutionalism” can shed new light on contemporary debates concerning global public law. In turn, the last section of the book, “Systems Theory and Public Law,” addresses systems theory issues in the fields of legal history and administrative law. The book presents a relevant and original discussion encompassing such diverse fields as constitutional theory, international law, systems theory, and sociology of constitutions.

Author : Shuhong Zhao
Publisher : Springer Nature
Page : 123 pages
File Size : 54,7 Mb
Release : 2024-06-11
Category : Electronic
ISBN : 9789819707225

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Principle of Criminal Imputation for Negligence Crime Involving Artificial Intelligence by Shuhong Zhao Pdf

Author : Alberto Febbrajo,Giancarlo Corsi
Publisher : Routledge
Page : 290 pages
File Size : 49,7 Mb
Release : 2016-05-05
Category : Law
ISBN : 9781317052937

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Sociology of Constitutions by Alberto Febbrajo,Giancarlo Corsi Pdf

This collection brings together some of the most influential sociologists of law to confront the challenges of current transnational constitutionalism. It shows the constitution appearing in a new light: no longer as an essential factor of unity and stabilisation but as a potential defence of pluralism and innovation. The first part of the book is devoted to the analysis of the concept of constitution, highlighting the elements that can contribute from a socio-legal perspective, to clarifying the principle meanings attributed to the constitution. The study goes on to analyse some concrete aspects of the functioning of constitutions in contemporary society. In applying Luhmann’s General Systems Theory to a comparative analysis of the concept of constitution, the work contributes to a better understanding of this traditional concept in both its institutionalised and functional aspects. Defining the constitution’s contents and functions both at the conceptual level and by taking empirical issues of particular comparative interest into account, this study will be of importance to scholars and students of sociology of law, sociology of politics and comparative public law.

Author : Winston A. Van Horne
Publisher : SUNY Press
Page : 388 pages
File Size : 52,5 Mb
Release : 1997-01-01
Category : Social Science
ISBN : 0791432351

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Global Convulsions by Winston A. Van Horne Pdf

Addresses issues concerning race, ethnicity, and nationlism in both their domestic and international dimension.

Author : Renata Furtado de Barros,Paula Maria Tecles Lara
Publisher : Lulu.com
Page : 501 pages
File Size : 51,6 Mb
Release : 2012
Category : Electronic
ISBN : 9781300495987

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JUSTIÇA E DEMOCRACIA: as novas perspectivas da hermenêutica constitucional by Renata Furtado de Barros,Paula Maria Tecles Lara Pdf

Author : Christopher Thornhill
Publisher : Routledge
Page : 606 pages
File Size : 47,7 Mb
Release : 2022-01-27
Category : Law
ISBN : 9781000109054

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Luhmann and Law by Christopher Thornhill Pdf

Niklas Luhmann wrote a number of works which have decisively shaped the recent development of legal science as a theoretical discipline. Some basic elements of his theory have been widely appropriated by other legal theorists, such that it is difficult to imagine contemporary reflection in legal theory, and above all legal sociology, without Luhmann. This collection brings together the most important canonical and cutting-edge papers on Luhmann’s legal thought. It is introduced in a comprehensive editorial piece by the editor which locates the articles in context and explores the issues and topics at hand.

Author : Marcelo Neves
Publisher : Bloomsbury Publishing
Page : 173 pages
File Size : 54,8 Mb
Release : 2013-05-01
Category : Law
ISBN : 9781782251255

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Transconstitutionalism by Marcelo Neves Pdf

Transconstitutionalism is a concept used to describe what happens to constitutional law when it is emancipated from the state, in which can be found the origins of constitutional law. Transconstitutionalism does not exist because a multitude of new constitutions have appeared, but because other legal orders are now implicated in resolving basic constitutional problems. A transconstitutional problem entails a constitutional issue whose solution may involve national, international, supranational and transnational courts or arbitral tribunals, as well as native local legal institutions. Transconstitutionalism does not take any single legal order or type of order as a starting-point or ultima ratio. It rejects both nation-statism and internationalism, supranationalism, transnationalism and localism as privileged spaces for solving constitutional problems. The transconstitutional model avoids the dilemma of 'monism versus pluralism'. From the standpoint of transconstitutionalism, a plurality of legal orders entails a complementary and conflicting relationship between identity and alterity: constitutional identity is rearticulated on the basis of alterity. Rather than seeking a 'Herculean Constitution', transconstitutionalism tackles the many-headed Hydra of constitutionalism, always looking for the blind spot in one legal system and reflecting it back against the many others found in the world's legal orders.

Author : Karolina M. Milewicz
Publisher : Cambridge University Press
Page : 373 pages
File Size : 54,6 Mb
Release : 2020-07-23
Category : Law
ISBN : 9781108835091

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Constitutionalizing World Politics by Karolina M. Milewicz Pdf

Constitutionalization of world politics is emerging as an unintended consequence of international treaty making driven by the logic of democratic power. The analysis will appeal to scholars of International Relations and International Law interested in international cooperation, as well as institutional and constitutional theory and practice.

Author : Berthold Rittberger,Frank Schimmelfennig
Publisher : Routledge
Page : 188 pages
File Size : 54,9 Mb
Release : 2013-09-13
Category : Political Science
ISBN : 9781317996934

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The Constitutionalization of the European Union by Berthold Rittberger,Frank Schimmelfennig Pdf

Previously published as a special issue of the Journal of European Public Policy, this volume presents a theory of constitutionalization as well as comparative analyses and case studies to underscore the claim that the European integration process itself engenders a democratic self-healing mechanism. There exists a consensus among academics, politicians, and the public that the European Union suffers from a ‘democratic deficit’. But how can it be resolved? This book deals with two core areas central for the development of the liberal-democratic constitutional state: the extension of the powers of representative assemblies and the institutionalization of human rights. The European Union has made remarkable progress in these two areas over the past half century. Whenever a planned step of European integration through transfers of sovereignty threatens to undermine domestic standards of parliamentary control and human rights standards, political elites in the member states regularly mobilize to counteract these developments. The proponents of the Union’s ‘constitutionalization’ regularly invoke democratic and human rights norms shared by all members of the European Union to successfully exercise moral pressure on the sceptics of further constitutionalization.

Author : Anonim
Publisher : Unknown
Page : 556 pages
File Size : 50,5 Mb
Release : 2004
Category : Criminal law
ISBN : UCAL:B5145968

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The Criminal Law Quarterly by Anonim Pdf

Author : R. P. Joshi
Publisher : Unknown
Page : 208 pages
File Size : 41,9 Mb
Release : 1998
Category : Local government
ISBN : UOM:39015042992431

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Constitutionalization of Panchayati Raj by R. P. Joshi Pdf

Author : Marcelo Neves
Publisher : Oxford University Press
Page : 225 pages
File Size : 50,9 Mb
Release : 2021
Category : Law
ISBN : 9780192898746

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Constitutionalism and the Paradox of Principles and Rules by Marcelo Neves Pdf

This title tackles the dominant constitutional theories provided by Ronald Dworkin and Robert Alexy and presents a critical counterpoint. It considers the paradoxical relationship between principles and rules within constitutional theory. This is essential reading for those involved in constitutional adjudication involving rules and principles.

Author : Jeffrey Brand-Ballard
Publisher : Oxford University Press
Page : 128 pages
File Size : 42,7 Mb
Release : 2010-05-26
Category : Philosophy
ISBN : 9780199711796

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Limits of Legality by Jeffrey Brand-Ballard Pdf

Judges sometimes hear cases in which the law, as they honestly understand it, requires results that they consider morally objectionable. Most people assume that, nevertheless, judges have an ethical obligation to apply the law correctly, at least in reasonably just legal systems. This is the view of most lawyers, legal scholars, and private citizens, but the arguments for it have received surprisingly little attention from philosophers. Combining ethical theory with discussions of caselaw, Jeffrey Brand-Ballard challenges arguments for the traditional view, including arguments from the fact that judges swear oaths to uphold the law, and arguments from our duty to obey the law, among others. He then develops an alternative argument based on ways in which the rule of law promotes the good. Patterns of excessive judicial lawlessness, even when morally motivated, can damage the rule of law. Brand-Ballard explores the conditions under which individual judges are morally responsible for participating in destructive patterns of lawless judging. These arguments build upon recent theories of collective intentionality and presuppose an agent-neutral framework, rather than the agent-relative framework favored by many moral philosophers. Defying the conventional wisdom, Brand-Ballard argues that judges are not always morally obligated to apply the law correctly. Although they have an obligation not to participate in patterns of excessive judicial lawlessness, an individual departure from the law so as to avoid an unjust result is rarely a moral mistake if the rule of law is otherwise healthy. Limits of Legality will interest philosophers, legal scholars, lawyers, and anyone concerned with the ethics of judging.

Author : Erika de Wet
Publisher : Amsterdam University Press
Page : 35 pages
File Size : 50,5 Mb
Release : 2005-05-12
Category : International agencies
ISBN : 9789056293871

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The International Constitutional Order by Erika de Wet Pdf

This title can be previewed in Google Books - http://books.google.com/books'vid=ISBN9789056293871.