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Bibliographic Detail
Publisher
Springer Verlag
Publication date
October 7, 2014
Binding
Paperback
Book category
Adult Non-Fiction
ISBN-13
9783642423864
ISBN-10
3642423868
Dimensions
0 by 6.10 by 9.25 in.
Original list price
$259.00
Summaries and Reviews
Amazon.com description: Product Description: 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 ârationalâ 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 Derridaâs deconstruction and Jürgen Habermasâs proceduralism, the author confronts Robert Alexyâs 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.
Editions
Hardcover
from Springer Verlag (October 30, 2010)
9783642114335 | details & prices | 421 pages | 6.50 × 9.75 × 1.00 in. | 1.75 lbs | List price $259.00
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