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

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Logistik im Zwischenwerksverkehrs example contradicts Alexy’s strong thesis, according to which proportionality is logically derived from the structure of principles. An alternative reason offered by the weak theses was proven insufficient. Only the moderate thesis offers adequate and sufficient justification for borrowing the tes

Parabola

1534-6781 r 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 Brazilian978-3-030-02263-1Series ISSN 1534-6781 Series E-ISSN 2214-9902

VEIL

Book 2018luable 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

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Introduction,es decide. In this study, I shall tackle these and other normative issues that borrowings raise and that neither comparatists nor constitutional theorists have successfully approached. This chapter introduces the theoretic premises of the study, delineates the concepts of legal migrations, voluntary

LURE

On the Migration of Proportionality,contains the first references to Alexy in the STF’s case law, and discloses peculiarities about the court’s organization and functioning. Finally, Sect. . expounds the democratic objection against borrowing and advances three theses (weak, moderate, and strong) that could justify the judicial recour

Expostulate

The Principles-Theory Variant of Proportionality,ich the STF or one of its Justices or panels have recourse to the principles-theory variant of proportionality or its sub-tests. Section . meets critiques often addressed to the use Brazilian Justices have made of the test: that the STF performs an inaccurate imitation of proportionality analysis, m

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Interlocking

ARBOR

A Final Argument in Favour of Proportionality,welve decisions in which the STF referred to Alexy’s conception of rights to positive state action. Amongst these judgements, the most relevant are the . (2010), delivered under the Mendes Court. Section . discloses system-dependent and system-independent justification for the borrowings. I argue th