| 书目名称 | On the Limits of Constitutional Adjudication | | 副标题 | Deconstructing Balan | | 编辑 | Juliano Zaiden Benvindo | | 视频video | | | 概述 | Empirical and historical analysis of the increasing development of activist constitutional courts in political matters.Debate on the rationality of balancing.Introduction of a concept of limited ratio | | 图书封面 |  | | 描述 | 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. | | 出版日期 | Book 2010 | | 关键词 | Constitutional Courts; Constitutionalism; Habermas; justice | | 版次 | 1 | | doi | https://doi.org/10.1007/978-3-642-11434-2 | | isbn_softcover | 978-3-642-42386-4 | | isbn_ebook | 978-3-642-11434-2 | | copyright | Springer-Verlag Berlin Heidelberg 2010 |
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发表于 2025-3-21 17:03:39
