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

• Main Author: Benvindo, Juliano Zaiden (Author)
• Corporate Author: SpringerLink (Online service)
• Format: Electronic eBook
• Language: English
• Published: Berlin, Heidelberg : Springer Berlin Heidelberg : Imprint: Springer, 2010.
• Subjects: Philosophy.; Political science.; Law.; Law > Philosophy.; Constitutional law.; Philosophy of Law.; Law, general.; Theories of Law, Philosophy of Law, Legal History.; Constitutional Law.

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 democr...

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 Constitutional Courts’ Activism
• When Différance 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 Différance and Intersubjectivity: The Concept of Limited Rationality in Constitutional Democracy
• Between Différance and Intersubjectivity: The Concept of Limited Rationality in the Realm of Constitutional Adjudication.