On the Limits of Constitutional Adjudication: Deconstructing Balancing and Judicial Activism

By Juliano Zaiden Benvindo and Carl [Oregon Historical Society] Landerholm

Book Overview

German and Brazilian Constitutional Cultures: Constitutional Adjudication and Activism.- An Approach to Decision-Making.- Balancing Within the Context of German Constitutionalism: The Bundesverfassungsgericht's Shift to Activism.- Balancing Within the Context of Brazilian Constitutionalism: The Supremo Tribunal Federal's Shift to Activism.- The Debate on the Rationality of Balancing.- The Aim to Rationalize Balancing Within the Context of Constitutional Courts' Activism.- When Diff?rance Comes to Light: Balancing Within the Context of Deconstruction.- When Procedures Towards Mutual Understanding Come to Light: Balancing Within the Context of Proceduralism.- The Concept of Limited Rationality.- Between Diff?rance and Intersubjectivity: The Concept of Limited Rationality in Constitutional Democracy.- Between Diff?rance and Intersubjectivity: The Concept of Limited Rationality in the Realm of Constitutional Adjudication.

• Format: Paperback
• Language: English
• ISBN: 3642423868
• ISBN13: 9783642423864
• Release Date: October 2014
• Publisher: Springer
• Length: 421 Pages
• Weight: 1.36 lbs.
• Dimensions: 0.9" x 6.1" x 9.2"