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Download the fantastic book titled Borrowing Justification for Proportionality written by João Andrade Neto, available in its entirety in both PDF and EPUB formats for online reading. This page includes a concise summary, a preview of the book cover, and detailed information about "Borrowing Justification for Proportionality", which was released on 11 November 2018. We suggest perusing the summary before initiating your download. This book is a top selection for enthusiasts of the Law genre.

Summary of Borrowing Justification for Proportionality by João Andrade Neto PDF

The proportionality test, as proposed in Robert Alexy’s principles theory, is becoming commonplace in comparative constitutional studies. And yet, the question “are courts justified in borrowing proportionality?” has not been expressly put in many countries where judicial borrowings are a reality. This book sheds light on this question and examines the circumstances under which courts are authorized to borrow from alien legal sources to rule on constitutional cases. Taking the Supreme Federal Court of Brazil – and its enthusiastic recourse to proportionality when interpreting the Federal Constitution – as a case study, the book investigates the normative reasons that could justify the court’s attitude and offers a comprehensive overview of its case law on controversial constitutional matters like abortion, same-sex union, racial quotas, and the right to public healthcare. Providing a valuable resource for those interested in comparative constitutional law and legal theory, or curious about Brazilian constitutional law, this book questions the alleged universality of the proportionality test, challenges the premises of Alexy’s principles theory, and discloses more than 68 Brazilian Supreme Court decisions delivered from 2003 to 2018 that would otherwise have remained unknown to an English-speaking audience.


Detail About Borrowing Justification for Proportionality PDF

  • Author : João Andrade Neto
  • Publisher : Springer
  • Genre : Law
  • Total Pages : 340 pages
  • ISBN : 3030022633
  • PDF File Size : 46,5 Mb
  • Language : English
  • Rating : 4/5 from 21 reviews

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Borrowing Justification for Proportionality

Borrowing Justification for Proportionality
  • Publisher : Springer
  • File Size : 41,9 Mb
  • Release Date : 11 November 2018
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The proportionality test, as proposed in Robert Alexy’s principles theory, is becoming commonplace in comparative constitutional studies. And yet, the question “are courts justified in borrowing proportionality?” has not

Constitutionalism Justified

Constitutionalism Justified
  • Publisher : Oxford University Press
  • File Size : 24,5 Mb
  • Release Date : 15 October 2019
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Constitutionalism Justified analyzes leading Frankfurt School theorist Rainer Forst's theory of a basic right to justification, unique in combining insights from philosophy, constitutionalism, and legal theory. Drawing upon Kant's critical

Proportionality and Constitutional Culture

Proportionality and Constitutional Culture
  • Publisher : Cambridge University Press
  • File Size : 30,7 Mb
  • Release Date : 13 June 2013
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Although the most important constitutional doctrine worldwide, a thorough cultural and historical examination of proportionality has not taken place until now. This comparison of proportionality with its counterpart in American

Abusive Constitutional Borrowing

Abusive Constitutional Borrowing
  • Publisher : Oxford University Press
  • File Size : 33,6 Mb
  • Release Date : 23 June 2024
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Law is fast globalizing as a field, and many lawyers, judges and political leaders are engaged in a process of comparative borrowing. But this new form of legal globalization has

Proportionality and the Rule of Law

Proportionality and the Rule of Law
  • Publisher : Cambridge University Press
  • File Size : 33,5 Mb
  • Release Date : 21 April 2014
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Leading constitutional theorists debate the merits of proportionality, the nature of rights, the practice of judicial review, and moral and legal reasoning.

Proportionality in Action

Proportionality in Action
  • Publisher : Cambridge University Press
  • File Size : 22,8 Mb
  • Release Date : 30 April 2020
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A comparative and empirical analysis of proportionality in the case law of six constitutional and supreme courts.

Proportionality and Transformation

Proportionality and Transformation
  • Publisher : Cambridge University Press
  • File Size : 41,9 Mb
  • Release Date : 03 November 2022
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This is the first book on the theory and practice of proportionality in Latin American constitutional law.

The Constitutional Law of Bangladesh

The Constitutional Law of Bangladesh
  • Publisher : Springer Nature
  • File Size : 50,8 Mb
  • Release Date : 25 July 2023
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This book provides a supportive lending hand to researchers of constitutional law worldwide about the constitutional law of Bangladesh. Moreover, this book discusses the evolution and development of the constitutional

The Oxford Handbook of Constitutional Law in Latin America

The Oxford Handbook of Constitutional Law in Latin America
  • Publisher : Oxford University Press
  • File Size : 22,5 Mb
  • Release Date : 23 June 2024
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Constitutional law in Latin America embodies a mosaic of national histories, political experiments, and institutional transitions. No matter how distinctive these histories and transitions might be, there are still commonalities

The Constitutional Structure of Proportionality

The Constitutional Structure of Proportionality
  • Publisher : Oxford University Press on Demand
  • File Size : 22,5 Mb
  • Release Date : 19 July 2012
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Proportionality is one of the most important principles in constitutional law, relevant throughout the law and in jurisdictions worldwide. Setting out the 'state of the art' in proportionality doctrine, this