On the Limits of Constitutional Adjudication

Author: Juliano Zaiden Benvindo
Publisher: Springer Science & Business Media
ISBN: 9783642114342
Format: PDF, Docs
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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.

Proportionality and Judicial Activism

Author: Niels Petersen
Publisher: Cambridge University Press
ISBN: 1316834034
Format: PDF, Kindle
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The principle of proportionality is currently one of the most discussed topics in the field of comparative constitutional law. Many critics claim that courts use the proportionality test as an instrument of judicial self-empowerment. Proportionality and Judicial Activism tests this hypothesis empirically; it systematically and comparatively analyses the fundamental rights jurisprudence of the Canadian Supreme Court, the German Federal Constitutional Court and the South African Constitutional Court. The book shows that the proportionality test does give judges a considerable amount of discretion. However, this analytical openness does not necessarily lead to judicial activism. Instead, judges are faced with significant institutional constraints, as a result of which all three examined courts refrain from using proportionality for purposes of judicial activism.

Courts Privacy and Data Protection in the Digital Environment

Author: Maja Brkan
Publisher: Edward Elgar Publishing
ISBN: 1784718718
Format: PDF, Kindle
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Through critical analysis of case law in European and national courts, this book reveals the significant role courts play in the protection of privacy and personal data within the new technological environment. It addresses the pressing question from a public who are increasingly aware of their privacy rights in a world of continual technological advances – namely, what can I do if my data privacy rights are breached?

International Judicial Lawmaking

Author: Armin Von Bogdandy
Publisher: Springer Science & Business Media
ISBN: 3642295878
Format: PDF, Kindle
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Over the past two decades new international courts have entered the scene of international law and existing institutions have started to play more significant roles. The present volume studies one particular dimension of their increasing practice: international judicial lawmaking. It observes that in a number of fields of international law, judicial institutions have become significant actors and shape the law through adjudication. The contributions in this volume set out to capture this phenomenon in principle, in particular detail, and with regard to a number of individual institutions. Specifically, the volume asks how international judicial lawmaking scores when it comes to democratic legitimation. It formulates this question as part of the broader quest for legitimate global governance and places it within the context of the research project on the exercise of international public authority at the Max Planck Institute for Comparative Public Law and International Law.

The Historical Development of Energetics

Author: Georg Helm
Publisher: Springer Science & Business Media
ISBN: 9401144710
Format: PDF, ePub, Docs
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Although produced in controversy, this book is not a controversial work. The calming effects of the years that have passed since the tumultuous days in Lubeck are enough to guarantee that these pages will accurately trace the coming and going of opinions, the battle for the truth and the recognition of error. In only a few passages, especially in Part Six, will one be able to tell from the tone of the book that it comes out of this struggle. For these I ask the indulgence of my reader, since they contain explanations the extent of which probably does not correspond either to the difficulty of the questions treated or to their influence. But in such passages the extent of treatment could not - as was otherwise the case - be made to depend solely on a judgment as to the value and significance of the investigations presented. There considerations of defense, more than concern for symmetry, had to determine the structure.

Law Order and Freedom

Author: C.W. Maris
Publisher: Springer Science & Business Media
ISBN: 9789400714571
Format: PDF, Kindle
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The central question in legal philosophy is the relationship between law and morality. The legal systems of many countries around the world have been influenced by the principles of the Enlightenment: freedom, equality and fraternity. The position is similar in relation to the accompanying state ideal of the democratic constitutional state as well as the notion of a welfare state. The foundation of these principles lies in the ideal of individual autonomy. The law must in this view guarantee a social order which secures the equal freedom of all. This freedom is moreover fundamental because in modern pluralistic societies a great diversity of views exist concerning the appropriate way of life. This freedom ideal is however also strongly contested. In Law, Order and Freedom, a historical overview is given pertaining to the question of the extent to which the modern Enlightenment values can serve as the universal foundation of law and society.

The Concept of Time in Early Twentieth Century Philosophy

Author: Flavia Santoianni
Publisher: Springer
ISBN: 3319248952
Format: PDF, Kindle
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This book presents a collection of authoritative contributions on the concept of time in early twentieth-century philosophy. It is structured in the form of a thematic atlas: each section is accompanied by relevant elementary logic maps that reproduce in a “spatial” form the directionalities (arguments and/or discourses) reported on in the text. The book is divided into three main sections, the first of which covers phenomenology and the perception of time by analyzing the works of Bergson, Husserl, Sartre, Merleau-Ponty, Deleuze, Guattari and Derrida. The second section focuses on the language and conceptualization of time, examining the works of Cassirer, Wittgenstein, Heidegger, Lacan, Ricoeur and Foucault, while the last section addresses the science and logic of time as they appear in the works of Guillaume, Einstein, Reichenbach, Prigogine and Barbour. The purpose of the book is threefold: to provide readers with a comprehensive overview of the concept of time in early twentieth-century philosophy; to show how conceptual reasoning can be supported by accompanying linguistic and spatial representations; and to stimulate novel research in the humanistic field concerning the complex role of graphic representations in the comprehension of concepts.

Unconstitutional Constitutional Amendments

Author: Yaniv Roznai
Publisher: Oxford University Press
ISBN: 0198768796
Format: PDF, Kindle
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Can constitutional amendments be unconstitutional? The problem of 'unconstitutional constitutional amendments' has become one of the most widely debated issues in comparative constitutional theory, constitutional design, and constitutional adjudication. This book describes and analyses the increasing tendency in global constitutionalism substantively to limit formal changes to constitutions. The challenges of constitutional unamendability to constitutional theory become even more complex when constitutional courts enforce such limitations through substantive judicial review of amendments, often resulting in the declaration that these constitutional amendments are 'unconstitutional'. Combining historical comparisons, constitutional theory, and a wide comparative study, Yaniv Roznai sets out to explain what the nature of amendment power is, what its limitations are, and what the role of constitutional courts is and should be when enforcing limitations on constitutional amendments.

Pictorial Law

Author: Volker Boehme-Neßler
Publisher: Springer Science & Business Media
ISBN: 9783642118890
Format: PDF, ePub
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We live in a digital Media Society, in which pictures are becoming more and more important. So, human communication is increasingly becoming a visual communication. That is not a new finding. But the new question is: What does this development mean for the law? Up to now the law is the part of the society which is most sceptical towards images. Law has still resisted the visual temptation. This will not last for ever. The rush of pictures in everyday life and in every part of the society is much too strong - and it is even getting stronger. The invasion of images will change the character of modern law deeply. Modern law will become a Pictorial Law.What are the chances and the risks of Pictorial Law and visual law communication? This is the topic of the book.

A Theory of Constitutional Rights

Author: Robert Alexy
Publisher: Oxford University Press, USA
ISBN: 0199584230
Format: PDF, Mobi
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This classic work of constitutional theory analyzes the general structure of constitutional rights and their judicial application. It deals with a wide range of problems common to all systems of constitutional rights review - from balancing rights to deciding the limits of their scope.