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| Author | : M. Melo |
| Publisher | : Springer |
| Total Pages | : 341 |
| Release | : 2013-08-20 |
| Genre | : Political Science |
| ISBN | : 1137310847 |
This book offers the first conceptually rigorous analysis of the political and institutional underpinnings of Brazil's recent rise. Using Brazil as a case study in multiparty presidentialism, the authors argue that Brazil's success stems from the combination of a constitutionally strong president and a robust system of checks and balances.
| 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 | : 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 | : Diana Kapiszewski |
| Publisher | : Cambridge University Press |
| Total Pages | : 303 |
| Release | : 2012-09-24 |
| Genre | : Law |
| ISBN | : 110700828X |
This study analyzes how elected leaders and high courts in Argentina and Brazil interact over economic governance.
| Author | : David Samuels |
| Publisher | : Cambridge University Press |
| Total Pages | : 266 |
| Release | : 2003-02-24 |
| Genre | : Political Science |
| ISBN | : 1139440179 |
Ambition theory suggests that scholars can understand a good deal about politics by exploring politicians' career goals. In the USA, an enormous literature explains congressional politics by assuming that politicians primarily desire to win re-election. In contrast, although Brazil's institutions appear to encourage incumbency, politicians do not seek to build a career within the legislature. Instead, political ambition focuses on the subnational level. Even while serving in the legislature, Brazilian legislators act strategically to further their future extra-legislative careers by serving as 'ambassadors' of subnational governments. Brazil's federal institutions also affect politicians' electoral prospects and career goals, heightening the importance of subnational interests in the lower chamber of the national legislature. Together, ambition and federalism help explain important dynamics of executive-legislative relations in Brazil. This book's rational-choice institutionalist perspective contributes to the literature on the importance of federalism and subnational politics to understanding national-level politics around the world.
| 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.
| Author | : Inter-American Commission on Human Rights |
| Publisher | : General Secretariat Organization of American States |
| Total Pages | : 176 |
| Release | : 1997 |
| Genre | : Political Science |
| ISBN | : |
D. THE INDIGENOUS LANDS
| Author | : Steven G. Calabresi |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2016 |
| Genre | : Constitutional law |
| ISBN | : 9781628101904 |
Hardbound - New, hardbound print book.
| 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.
