Law, Reason and Emotion

Law, Reason and Emotion
Author: Mortimer Sellers (org.)
Publisher: Initia Via Editora
Total Pages: 1217
Release:
Genre: Law
ISBN: 8595470316

Volume II: Special Workshops Initia Via Editora

Proportionality in Law

Proportionality in Law
Author: David Duarte
Publisher: Springer
Total Pages: 198
Release: 2018-07-30
Genre: Law
ISBN: 3319896474

This book addresses the principle of proportionality, which is currently one of the most important instruments of judicial review, from both analytical and theory of law perspectives. As such, the analysis provided is far more comprehensive and can be applied to all areas of law, not just constitutional law. On the one hand, the volume offers a broad perspective on several aspects related to proportionality, such as its structure, the balancing methodology and the distinction between rules and principles. On the other, it provides an innovative, normativist and analytical approach to proportionality, helping readers understand its structure and behaviour.

Conceptions and Misconceptions of Legislation

Conceptions and Misconceptions of Legislation
Author: A. Daniel Oliver-Lalana
Publisher: Springer
Total Pages: 344
Release: 2019-06-14
Genre: Law
ISBN: 3030120686

This volume brings together an international group of legal scholars to discuss different approaches to lawmaking. As well as reflecting the diversity of legisprudence as a re-emerging academic field, it offers a broad overview of current developments and challenges in the theory of legislation, and aspires, moreover, to counterbalance some questionable ideas or misconceptions, widespread among jurists, on what making laws entails. The book is organized into three parts. The first comprises a sample of ‘ways and models of legislation’, ranging from classic legislative ideals to contemporary forms of regulation. The essays in this part, variances of focus notwithstanding, revolve around the notions of legislative rationality, quality, effectiveness, and legitimacy, which may be regarded as the cornerstones of legisprudence. Interwoven with these notions is another core legisprudential concern: the justification of laws. We address it separately in the next part by exploring the connection between lawmaking, argumentation and constitutional democracy: under the heading ‘legislation in a culture of justification’, a number of aspects of this connection are tackled that have not been sufficiently considered so far in legisprudential literature, such as the intricacies of legislative reasoning and balancing, or the justificatory problems posed by special-interest legislation. The under privileged status of legisprudence in legal studies and the need for socially attentive and citizen-oriented legislative research come to the fore in the third part of the book which turns to the relationships between ‘legisprudence, lawyers, and citizens’. All in all, the thirteen articles gathered here provide a stimulating insight into the theory of legislation, and can hopefully contribute to the reconciliation of the study of law and the study of its making.

Judicial Activism

Judicial Activism
Author: Luís Pereira Coutinho
Publisher: Springer
Total Pages: 212
Release: 2015-05-26
Genre: Law
ISBN: 3319185497

This volume offers different perspectives on judicial practice in the European and American contexts, both arguably characterized in the last decades by the emergence of novel normative and even policy arguments by judges. The central question deserving the attention of the contributors concerns the degree in which judicial exercises in practical reasoning may amount to forms of judicial usurpation of the legislative function by courts. Since different views as to the nature and scope of legal reasoning lead to different degrees of tolerance regarding what should be admissible to courts, that same nature and scope is thoroughly debated. The main disciplinary approach is that of general jurisprudence, but the contributions take stock of other disciplines in which judicial activism has been addressed, namely positive theories of judicial behavior. Accordingly, the book also explores the development of interdisciplinary dialogue about the theme.

Racial Justice, Policies and Courts' Legal Reasoning in Europe

Racial Justice, Policies and Courts' Legal Reasoning in Europe
Author: María Elósegui
Publisher: Springer
Total Pages: 237
Release: 2017-04-08
Genre: Law
ISBN: 3319535803

This volume looks at how courts and the police handle racial discrimination in Europe. The chapters show that beyond legal technique, neither the legislators nor the judges escape from their own emotions when responding to racial discrimination. But, as the authors point out, emotions are not always negative. They can also help in a positive way in judicial interpretation. The study profiles five countries: Germany, UK, Estonia, Portugal and Spain. Each of these belong both to the European Union and to the Council of Europe. Coverage examines the responsibility of the public powers, more specifically of the legislative and judicial power, both of the police and of the judiciary, in persecuting racist behavior. In addition, the authors also consider the increase in racism in groups of citizens. The authors argue that racial justice is a proactive reinforcement of policies, practices, attitudes and actions that lead to equal access to opportunities for all. After reading this book, readers will gain a better understanding of the reasoning of legislators, police and judges when dealing with racial discrimination in Europe today.

Proportionality and Transformation

Proportionality and Transformation
Author: Francisca Pou-Giménez
Publisher: Cambridge University Press
Total Pages: 353
Release: 2022-11-03
Genre: Law
ISBN: 1009201808

This is the first book on the theory and practice of proportionality in Latin American constitutional law.

Proportionality, Balancing, and Rights

Proportionality, Balancing, and Rights
Author: Jan-R. Sieckmann
Publisher: Springer Nature
Total Pages: 255
Release:
Genre: Civil rights
ISBN: 3030773213

The book focuses on Robert Alexy's theory of constitutional rights. Alexy systematically presented the theory in his seminal book Theorie der Grundrechte (1985; Engl. translation Theory of Constitutional Rights, 2002) and continued to develop it in numerous subsequent articles. Arguably still the most influential theory of constitutional rights, it has found widespread academic support, as well as recognition in several constitutional jurisdictions. On the other hand, it has also been the object of considerable criticism. The aim of this book is to outline the central aspects of Alexy's theory as he sees them, and to further develop the principles of constitutional, fundamental, and human rights by applying a constructive criticism of his theory.

La teoría principialista de los derechos fundamentales

La teoría principialista de los derechos fundamentales
Author: Jan-R. Sieckmann
Publisher: Marcial Pons Jurí. y Soc.
Total Pages: 322
Release: 2011
Genre: Law
ISBN: 9788497688352

Investigación sobre la doctrina general de los derechos fundamentales, su validez jurídico-constitucional y aborda el estudio de su teoría principialista. Examina los fundamentos normativos de España, Reino Unido y Estados Unidos en cuanto al método de la ponderación racional en el Derecho, los principios de proporcionalidad e igualdad, así como las competencias de control judicial y el pluralismo estructural de los derechos humanos, los cuales contribuyen a su protección y evitan su vulneración.

Institutionalized Reason

Institutionalized Reason
Author: Matthias Klatt
Publisher: Oxford University Press
Total Pages: 376
Release: 2012-02-23
Genre: Language Arts & Disciplines
ISBN: 9780199582068

Based on a symposium held at New College, Oxford in September 2008.

The Oxford Handbook of Constitutional Law in Latin America

The Oxford Handbook of Constitutional Law in Latin America
Author: Conrado Hübner Mendes
Publisher: Oxford University Press
Total Pages: 970
Release: 2022
Genre: Law
ISBN: 0198786905

Constitutional law in Latin America embodies a mosaic of national histories, political experiments, and institutional transitions. No matter how distinctive these histories and transitions might be, there are still commonalities that transcend the mere geographical contiguity of these countries. This Handbook depicts the constitutional landscape of Latin America by shedding light on its most important differences and affinities, qualities and drawbacks, and by assessing its overall standing in the global enterprise of democratic constitutionalism. It engages with substantive and methodological conundrums of comparative constitutional law in the region, drawing meaningful comparisons between constitutional traditions. The volume is divided into two main parts. Part I focuses on exploring the constitutions for seventeen jurisdictions, offering a comprehensive country-by-country critique of the historical foundations, institutional architecture, and rights-based substantive identity of each constitution. Part II presents comparative analyses on the most controversial constitutional topics of the region, exploring central concepts in institutions and rights. The Oxford Handbook of Constitutional Law in Latin America is an essential resource for scholars and students of comparative constitutional law, and Latin American politics and history Written by leading experts, it comprehensively examines constitutions, controversies, institutions, and constitutional rights in Latin America.