On The Limits Of Constitutional Adjudication
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On the Limits of Constitutional Adjudication
Author: Juliano Zaiden Benvindo
language: en
Publisher: Springer Science & Business Media
Release Date: 2010-07-23
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.
Expounding the Constitution
This book addresses key issues in contemporary constitutional theory, including the nature of interpretation of bills of rights and the legitimacy and justification of judicial review.
Proportionality and Judicial Activism
Author: Niels Petersen
language: en
Publisher: Cambridge University Press
Release Date: 2017-03-02
This book uses empirical analysis to show that courts refrain from using the proportionality test as a means of judicial activism.