Titlebook: Borrowing Justification for Proportionality; On the Influence of João Andrade Neto Book 2018 Springer Nature Switzerland AG 2018 Judicial

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https://doi.org/10.1007/978-3-030-02263-1Judicial Borrowing; Principles Theory; Constitutional Migration; Robert Alexy; Supreme Federal Court of

JADED

Springer Nature Switzerland AG 2018

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Introduction,ogical and methodological choices that conform the study. Proportionality has originated in Germany, where it has performed a central role in the adjudication of disputes concerning fundamental rights. The Brazilian Supreme Federal Court (STF) has enthusiastically resorted to the test, remarkably to

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On the Migration of Proportionality, test as a normative argument. It starts providing an overview of the specialized literature on the migration of proportionality and its reception in Brazil, where it has served the Supreme Federal Court (STF). Section . briefly reconstructs the three phases of the historical development of proporti

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A System of Rules and Principles,e either rules or principles in accordance with the principles theory. My task is not to confront whether the Federal Constitution allows one to conceive it as such a set of rules and principles, as this has not been under dispute in Brazil. I shall show instead that the STF’s understanding on princ

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A Charter of Rights with Wide Scope, approach to rights (and which of their variant forms) provides the best understanding of the constitution. The two main rival approaches reflect the dominant legal practice in the U.S. and in Germany. In attempt to grasp the features of fundamental rights as they appeared in the case law of the Ger