On the Limits of Constitutional Adjudication Deconstructing Balancing and Judicial Activism /

• Main Author: Benvindo, Juliano Zaiden. (Author)
• Corporate Author: SpringerLink (Online service)
• Format: Electronic
• Language: English
• Published: Berlin, Heidelberg : Springer Berlin Heidelberg : Imprint: Springer, 2010.
• Subjects: Law.; Philosophy of law.; Constitutional law.; Theories of Law, Philosophy of Law, Legal History.; Constitutional Law.; Philosophy of Law.
• Online Access: https://ezaccess.library.uitm.edu.my/login?url=http://dx.doi.org/10.1007/978-3-642-11434-2

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 <U+001c>rational justification for this process. From the critical perception of the serious risks of this movem...

Table of Contents:

• German and Brazilian Constitutional Cultures: Constitutional Adjudication and Activism: An Approach to Decision-making
• Balancing Within the Context of German Constitutionalism: The Bundesverfassungsgericht's Shift to Activism
• Balancing Within the Context of Brazilian Constitutionalism: The Supremo Tribunal Federal's Shift to Activism
• The Debate on the Rationality of Balancing: The Aim to Rationalize Balancing Within the Context of the Constitutional Court's Activism
• When Diffřance Comes to Light: Balancing Within the Context of Deconstruction
• When Procedures Towards Mutual Understanding Come to Light: Balancing Within the Context of Proceduralism
• The Concept of Limited Rationality: Between Diffřance and Intersubjectivity: The Concept of Limited Rationality in Constitutional Democracy
• Between Diffřance and Intersubjectivity: The Concept of Limited Rationality in the Realm of Constitutional Adjudication.