The Constitution Of The Federative Republic Of Brazil
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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.
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.
Author | : International Association of Centers for Federal Studies |
Publisher | : McGill-Queen's Press - MQUP |
Total Pages | : 479 |
Release | : 2005 |
Genre | : Political Science |
ISBN | : 0773529160 |
Providing examples of diverse forms of federalism, including new and mature, developed and developing, parliamentary and presidential, and common-law and civil law, the comparative studies in this volume analyse government in Australia, Belgium, Brazil, Canada, Germany, India, Mexico, Nigeria, Russia, South Africa, Switzerland, and the United States. Each chapter describes the provisions of a constitution, explains the political, social, and historical factors that influenced its creation, and explores its practical application, how it has changed, and future challenges, offering valuable ideas and lessons for federal constitution-making and reform.Contributors include Ignatius Ayua Akaayar (Nigeria), Raoul Blindenbacher (Switzerland), Dakas C.J. Dakas (Nigeria), Kris Deschouwer (Belgium), Juan Marcos Gutiérrez González (Mexico), John Kincaid (USA), Rainer Knopff (Canada), Jutta Kramer (Germany), Akhtar Majeed (India), Marat S. Salikov (Russia), Cheryl Saunders (Australia), Anthony M. Sayers (Canada), Nicolas Schmitt (Switzerland), Celina Sousa (Brazil), Nico Steytler (South Africa), and G. Alan Tarr (USA).The Frech edition is Forthcoming in the Fall 2005 as Les origines, structure, et changements constitutionnels dans les pays fédéraux
Author | : Nicholas Theodore Aroney |
Publisher | : University of Toronto Press |
Total Pages | : 598 |
Release | : 2017-04-24 |
Genre | : Law |
ISBN | : 1487511485 |
Courts are key players in the dynamics of federal countries since their rulings have a direct impact on the ability of governments to centralize and decentralize power. Courts in Federal Countries examines the role high courts play in thirteen countries, including Australia, Brazil, Canada, Germany, India, Nigeria, Spain, and the United States. The volume’s contributors analyse the centralizing or decentralizing forces at play following a court’s ruling on issues such as individual rights, economic affairs, social issues, and other matters. The thirteen substantive chapters have been written to facilitate comparability between the countries. Each chapter outlines a country’s federal system, explains the constitutional and institutional status of the court system, and discusses the high court’s jurisprudence in light of these features. Courts in Federal Countries offers insightful explanations of judicial behaviour in the world’s leading federations.
Author | : Ann Griffiths |
Publisher | : Springer Nature |
Total Pages | : 414 |
Release | : 2020-10-24 |
Genre | : Political Science |
ISBN | : 3030420884 |
Federal models of government have shaped history and demonstrated how diverse people can live together and govern together in relative harmony. The Forum of Federations Handbook of Federal Countries 2020 builds on the previous 2005 edition and offers a much-needed update to this signature resource in comparative federalism. Outlining every federal country in the world, each chapter provides a brief yet comprehensive overview of the history of federalism in its specific country, the constitutional nature of federalism, and recent historical dynamics. As new countries have joined the Federal ranks, this handbook brings readers up to speed offering an authoritative look at both the older federal countries as well as new federal countries like Nepal. The Forum of Federations Handbook of Federal Countries 2020 is an essential resource for academics, researchers, university students, libraries, history and governance teachers, politicians and civil servants, and casual observers of federalism.
Author | : Nico Steytler |
Publisher | : BRILL |
Total Pages | : 378 |
Release | : 2017-01-09 |
Genre | : Law |
ISBN | : 9004337571 |
Concurrency of powers – the exercise of jurisdiction by federal governments and constituent units in the same policy areas – is a key, if not the central, mode of governance in most federal systems today. Moreover, the experience has been that federal governments dominate the concurrent space giving rise to contestation. This volume, Concurrent Powers in Federal Systems: Meaning, Making and Managing, edited by Professor Nico Steytler, is the first to examine from a comparative perspective this crucial issue confronting both established and emerging federations. Case studies of 16 countries on five continents dissect the various manifestations of concurrency, analyse what drives this modern governance mode, and review management strategies that seek to guard against central dominance of concurrent areas.
Author | : Inter-American Commission on Human Rights |
Publisher | : General Secretariat Organization of American States |
Total Pages | : 176 |
Release | : 1997 |
Genre | : Political Science |
ISBN | : |
Author | : Brazil |
Publisher | : |
Total Pages | : 88 |
Release | : 1973 |
Genre | : Constitutional amendments |
ISBN | : |
Author | : Sieglinde Jornitz |
Publisher | : |
Total Pages | : |
Release | : 2020 |
Genre | : |
ISBN | : 9783319934433 |
This handbook focuses on and compares the education systems in the three Americas: North, Central and South America, and includes a chapter on most countries in the region. The chapters follow a common structure and include schematic diagrams of the structure of mainstream education from pre-primary to tertiary level. Each chapter starts with a description of the historical and social foundations of the education system from the post-World War II period up to today, including political, economic and cultural contexts and conditions. By highlighting important dates and structural decisions, the current education system can be understood as resulting from past developments. The first part ends with a description of the transitions to the labour market that are offered, and the way in which these are organized in the education system described. The second part consists of an overview of the institutional and organizational principles as well as the structure of education from pre-primary to tertiary level. It includes a focus on legislative bases and financial provisions for the education system and a description of the structure by using the ISCED-classification. It further includes information of the supply of human resources such as teachers and other educators. The third and final part of the handbook discusses selected educational trends and aspects. In this context, three topics are of particular interest: dealing with inequality, ICT and digitization activities, and STEM-related policies and programmes.
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.