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On the Limits of Constitutional Adjudication

Deconstructing Balancing and Judicial Activism

Authors: Benvindo, Juliano Zaiden

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  • 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
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eBook 128,39 €
price for Spain (gross)
  • ISBN 978-3-642-11434-2
  • Digitally watermarked, DRM-free
  • Included format: PDF, EPUB
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover 166,39 €
price for Spain (gross)
  • ISBN 978-3-642-11433-5
  • Free shipping for individuals worldwide
  • Institutional customers should get in touch with their account manager
  • Covid-19 shipping restrictions
  • Usually ready to be dispatched within 3 to 5 business days, if in stock
  • The final prices may differ from the prices shown due to specifics of VAT rules
Softcover 166,39 €
price for Spain (gross)
  • ISBN 978-3-642-42386-4
  • Free shipping for individuals worldwide
  • Institutional customers should get in touch with their account manager
  • Covid-19 shipping restrictions
  • Usually ready to be dispatched within 3 to 5 business days, if in stock
  • The final prices may differ from the prices shown due to specifics of VAT rules
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.

Table of contents (8 chapters)

Table of contents (8 chapters)
  • An Approach to Decision-Making

    Pages 3-30

    Benvindo, Professor Juliano Zaiden

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

    Pages 31-81

    Benvindo, Professor Juliano Zaiden

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

    Pages 83-131

    Benvindo, Professor Juliano Zaiden

  • The Aim to Rationalize Balancing Within the Context of Constitutional Courts’ Activism

    Pages 135-159

    Benvindo, Professor Juliano Zaiden

  • When Différance Comes to Light: Balancing Within the Context of Deconstruction

    Pages 161-241

    Benvindo, Professor Juliano Zaiden

Buy this book

eBook 128,39 €
price for Spain (gross)
  • ISBN 978-3-642-11434-2
  • Digitally watermarked, DRM-free
  • Included format: PDF, EPUB
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover 166,39 €
price for Spain (gross)
  • ISBN 978-3-642-11433-5
  • Free shipping for individuals worldwide
  • Institutional customers should get in touch with their account manager
  • Covid-19 shipping restrictions
  • Usually ready to be dispatched within 3 to 5 business days, if in stock
  • The final prices may differ from the prices shown due to specifics of VAT rules
Softcover 166,39 €
price for Spain (gross)
  • ISBN 978-3-642-42386-4
  • Free shipping for individuals worldwide
  • Institutional customers should get in touch with their account manager
  • Covid-19 shipping restrictions
  • Usually ready to be dispatched within 3 to 5 business days, if in stock
  • The final prices may differ from the prices shown due to specifics of VAT rules
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Bibliographic Information

Bibliographic Information
Book Title
On the Limits of Constitutional Adjudication
Book Subtitle
Deconstructing Balancing and Judicial Activism
Authors
Copyright
2010
Publisher
Springer-Verlag Berlin Heidelberg
Copyright Holder
Springer-Verlag Berlin Heidelberg
eBook ISBN
978-3-642-11434-2
DOI
10.1007/978-3-642-11434-2
Hardcover ISBN
978-3-642-11433-5
Softcover ISBN
978-3-642-42386-4
Edition Number
1
Number of Pages
XX, 421
Topics