| 期刊全称 | Borrowing Justification for Proportionality | | 期刊简称 | On the Influence of | | 影响因子2023 | João Andrade Neto | | 视频video | | | 发行地址 | Investigates judicial borrowing as a legally contentious phenomenon.Analyzes more than 40 decisions of the Supreme Court of Brazil.Suggests how to reformulate the delicate questions raised by judicial | | 学科分类 | Ius Gentium: Comparative Perspectives on Law and Justice | | 图书封面 |  | | 影响因子 | .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 | | Pindex | Book 2018 |
The information of publication is updating
|
|
发表于 2025-3-21 19:11:28
