Skip to main content
SpringerLink
Log in
Book cover

On the Limits of Constitutional Adjudication

Deconstructing Balancing and Judicial Activism

  • Book
  • © 2010

Overview

Authors:
  1. Juliano Zaiden Benvindo

    1. Brasília, Brazil

    View author publications

    You can also search for this author in PubMed   Google Scholar

  • Empirical and historical analysis of the increasing development of activist constitutional courts in political matters
  • Debate on the rationality of balancing
  • Introduction of a concept of limited rationality in a constitutional adjudication

This is a preview of subscription content, log in via an institution to check access.

Access this book

Log in via an institution
eBook USD 129.00
Price excludes VAT (USA)
  • Available as EPUB and PDF
  • Read on any device
  • Instant download
  • Own it forever
Softcover Book USD 169.99
Price excludes VAT (USA)
  • Compact, lightweight edition
  • Dispatched in 3 to 5 business days
  • Free shipping worldwide - see info
Hardcover Book USD 169.99
Price excludes VAT (USA)
  • Durable hardcover edition
  • Dispatched in 3 to 5 business days
  • Free shipping worldwide - see info

Tax calculation will be finalised at checkout

Other ways to access

Licence this eBook for your library

Institutional subscriptions

Table of contents (8 chapters)

  1. Front Matter

    Pages i-xx
    Download chapter PDF

  2. German and Brazilian Constitutional Cultures: Constitutional Adjudication and Activism

    1. Front Matter

      Pages 1-1
      Download chapter PDF

    2. An Approach to Decision-Making

      • Juliano Zaiden Benvindo
      Pages 3-30

    3. Balancing Within the Context of German Constitutionalism: The Bundesverfassungsgericht’s Shift to Activism

      • Juliano Zaiden Benvindo
      Pages 31-81

    4. Balancing Within the Context of Brazilian Constitutionalism: The Supremo Tribunal Federal’s Shift to Activism

      • Juliano Zaiden Benvindo
      Pages 83-131

  5. Back Matter

    Pages 407-421
    Download chapter PDF
Back to top

Keywords

About this book

Juliano Z. Benvindo investigates the current movement of constitutional courts towards political activism, especially by focusing on the increasing use of the balancing method as a “rational” justification for this process. From the critical perception of the serious risks of this movement to democracy, the book takes as examples two constitutional realities, Germany and Brazil, in order to discuss the rationality, correctness, and legitimacy of constitutional decisions within this context. Through a dialogue between Jacques Derrida’s deconstruction and Jürgen Habermas’s proceduralism, the author confronts Robert Alexy’s defense of the balancing method as well as those two constitutional realities. This confrontation leads to the introduction of the concept of limited rationality applied to constitutional democracy and constitutional adjudication, which affirms the double bind of history and justice as a condition for a practice of decision-making committed to the principle of separation of powers.

Authors and Affiliations

  • Brasília, Brazil

    Juliano Zaiden Benvindo

Bibliographic Information

Publish with us

Policies and ethics

Back to top

Search

Navigation