Comparative Constitutional Reasoning

Comparative Constitutional Reasoning
Author: András Jakab
Publisher: Cambridge University Press
Total Pages: 867
Release: 2017-04-27
Genre: Law
ISBN: 1108138616

To what extent is the language of judicial opinions responsive to the political and social context in which constitutional courts operate? Courts are reason-giving institutions, with argumentation playing a central role in constitutional adjudication. However, a cursory look at just a handful of constitutional systems suggests important differences in the practices of constitutional judges, whether in matters of form, style, or language. Focusing on independently-verified leading cases globally, a combination of qualitative and quantitative analysis offers the most comprehensive and systematic account of constitutional reasoning to date. This analysis is supported by the examination of eighteen legal systems around the world including the European Court of Human Rights and the European Court of Justice. Universally common aspects of constitutional reasoning are identified in this book, and contributors also examine whether common law countries differ to civil law countries in this respect.

The Unwritten Brazilian Constitution

The Unwritten Brazilian Constitution
Author: Rubens Becak
Publisher: Rowman & Littlefield
Total Pages: 285
Release: 2020-11-09
Genre: Law
ISBN: 1793623708

The Unwritten Brazilian Constitution offers an unexplored topic outside Portuguese language: the leading cases on human rights in the Brazilian Supreme Court (Supremo Tribunal Federal – STF). The Brazilian Constitution of 1988 represents an institutional framework able to restructure the relationship between the powers after the military dictatorship. The constituents drafted the Brazilian Constitution in order to set an extensive system of judicial protection for fundamental rights, by means of several instruments that have strengthened access to the Judiciary. Because the Brazilian Constitution has an extensive list of fundamental rights, the STF was called to interpret them several times and it developed an unwritten understanding of these fundamental rights. These decisions are not available to the international community since they are not translated to English. Based on this gap, this original book illustrates the main rulings on human rights analyzed by great scholars in Brazil. The text presents a deep discussion regarding the characteristics of the cases and demonstrates how the STF has built the legal arguments to interpret the extension of the fundamental rights.

Framing the State in Times of Transition

Framing the State in Times of Transition
Author: Laurel E. Miller
Publisher: US Institute of Peace Press
Total Pages: 737
Release: 2010
Genre: History
ISBN: 1601270550

Analyzing nineteen cases, this title offers practical perspective on the implications of constitution-making procedure, and explores emerging international legal norms.

Comparative Constitutional Law

Comparative Constitutional Law
Author: Tom Ginsburg
Publisher: Edward Elgar Publishing
Total Pages: 681
Release: 2011-01-01
Genre: Law
ISBN: 0857931210

This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.

A Constitution of the People and How to Achieve It

A Constitution of the People and How to Achieve It
Author: Aarif Abraham
Publisher: BoD – Books on Demand
Total Pages: 382
Release: 2021-04-30
Genre: Political Science
ISBN: 3838215168

Britain does not have a written constitution. It has rather, over centuries, developed a set of miscellaneous conventions, rules, and norms that govern political behavior. By contrast, Bosnia’s constitution was written, quite literally, overnight in a military hanger in Dayton, USA, to conclude a devastating war. By most standards it does not work and is seen to have merely frozen a conflict and all development with it. What might these seemingly unrelated countries be able to teach each other? Britain, racked by recent crises from Brexit to national separatism, may be able to avert long-term political conflict by understanding the pitfalls of writing rigid constitutional rules without popular participation or the cultivation of good political culture. Bosnia, in turn, may be able to thaw its frozen conflict by subjecting parts of its written constitution to amendment, with civic involvement, on a fixed and regular basis; a ’revolving constitution’ to replicate some of that flexibility inherent in the British system. A book not just about Bosnia and Britain; a standard may be set for other plural, multi-ethnic polities to follow.

Democratic Brazil

Democratic Brazil
Author: Peter R. Kingstone
Publisher: University of Pittsburgh Pre
Total Pages: 364
Release: 2000-02-15
Genre: Political Science
ISBN: 9780822972075

After 21 years of military rule, Brazil returned to democracy in 1985. Over the past decade and a half, Brazilians in the Nova Repœblica (New Republic) have struggled with a range of diverse challenges that have tested the durability and quality of the young democracy. How well have they succeeded? To what extent can we say that Brazilian democracy has consolidated? What actors, institutions, and processes have emerged as most salient over the past 15 years? Although Brazil is Latin America's largest country, the world's third largest democracy, and a country with a population and GNP larger than Yeltsin's Russia, more than a decade has passed since the last collaborative effort to examine regime change in Brazil, and no work in English has yet provided a comprehensive appraisal of Brazilian democracy in the period since 1985. Democratic Brazil: Actors, Institutions, and Processes analyzes Brazilian democracy in a comprehensive, systematic fashion, covering the full period of the New Republic from Presidents Sarney to Cardoso. Democratic Brazil brings together twelve top scholars, the "next generation of Brazilianists," with wide-ranging specialties including institutional analysis, state autonomy, federalism and decentralization, economic management and business-state relations, the military, the Catholic Church and the new religious pluralism, social movements, the left, regional integration, demographic change, and human rights and the rule of law. Each chapter focuses on a crucial process or actor in the New Republic, with emphasis on its relationship to democratic consolidation. The volume also contains a comprehensive bibliography on Brazilian politics and society since 1985. Prominent Brazilian historian Thomas Skidmore has contributed a foreword to the volume. Democratic Brazil speaks to a wide audience, including Brazilianists, Latin Americanists generally, students of comparative democratization, as well as specialists within the various thematic subfields represented by the contributors. Written in a clear, accessible style, the book is ideally suited for use in upper-level undergraduate courses and graduate seminars on Latin American politics and development.