Borrowing Justification for Proportionality

Borrowing Justification for Proportionality
Author :
Publisher : Springer
Total Pages : 349
Release :
ISBN-10 : 9783030022631
ISBN-13 : 3030022633
Rating : 4/5 (633 Downloads)

Book Synopsis Borrowing Justification for Proportionality by : João Andrade Neto

Download or read book Borrowing Justification for Proportionality written by João Andrade Neto and published by Springer. This book was released on 2018-11-11 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 the court’s attitude and offers a comprehensive overview of its case law on controversial constitutional matters like abortion, same-sex union, racial quotas, and the right to public healthcare. Providing a valuable resource for those interested in comparative constitutional law and legal theory, or curious about Brazilian constitutional law, this book questions the alleged universality of the proportionality test, challenges the premises of Alexy’s principles theory, and discloses more than 68 Brazilian Supreme Court decisions delivered from 2003 to 2018 that would otherwise have remained unknown to an English-speaking audience.


Borrowing Justification for Proportionality Related Books

Borrowing Justification for Proportionality
Language: en
Pages: 349
Authors: João Andrade Neto
Categories: Law
Type: BOOK - Published: 2018-11-11 - Publisher: Springer

DOWNLOAD EBOOK

The proportionality test, as proposed in Robert Alexy’s principles theory, is becoming commonplace in comparative constitutional studies. And yet, the questio
Proportionality and Constitutional Culture
Language: en
Pages: 183
Authors: Moshe Cohen-Eliya
Categories: Law
Type: BOOK - Published: 2013-06-13 - Publisher: Cambridge University Press

DOWNLOAD EBOOK

A comparison of proportionality, the dominant doctrine in constitutional law worldwide, with the American doctrine of balancing.
Proportionality and the Rule of Law
Language: en
Pages: 433
Authors: Grant Huscroft
Categories: Law
Type: BOOK - Published: 2014-04-21 - Publisher: Cambridge University Press

DOWNLOAD EBOOK

To speak of human rights in the twenty-first century is to speak of proportionality. Proportionality has been received into the constitutional doctrine of court
Proportionality in Action
Language: en
Pages: 689
Authors: Mordechai Kremnitzer
Categories: Law
Type: BOOK - Published: 2020-04-30 - Publisher: Cambridge University Press

DOWNLOAD EBOOK

A comparative and empirical analysis of proportionality in the case law of six constitutional and supreme courts.
Constitutionalism Justified
Language: en
Pages: 385
Authors: Ester Herlin-Karnell
Categories: Law
Type: BOOK - Published: 2020 - Publisher:

DOWNLOAD EBOOK

This volume analyzes Rainer Forst's theory of the right to justification from legal-philosophical and constitutional-theoretical perspectives. The contributions