The following text field will produce suggestions that follow it as you type.

Barnes and Noble

Loading Inventory...
On the Limits of Constitutional Adjudication: Deconstructing Balancing and Judicial Activism

On the Limits of Constitutional Adjudication: Deconstructing Balancing and Judicial Activism in Franklin, TN

By Barnes & Noble

Current price: $169.99
Get it in StoreVisit retailer's website
On the Limits of Constitutional Adjudication: Deconstructing Balancing and Judicial Activism

Barnes and Noble

On the Limits of Constitutional Adjudication: Deconstructing Balancing and Judicial Activism in Franklin, TN

By Barnes & Noble

Current price: $169.99
Loading Inventory...

Size: Hardcover

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.
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.

More About Barnes and Noble at CoolSprings Galleria

Barnes & Noble is the world’s largest retail bookseller and a leading retailer of content, digital media and educational products. Our Nook Digital business offers a lineup of NOOK® tablets and e-Readers and an expansive collection of digital reading content through the NOOK Store®. Barnes & Noble’s mission is to operate the best omni-channel specialty retail business in America, helping both our customers and booksellers reach their aspirations, while being a credit to the communities we serve.

1800 Galleria Blvd #1310, Franklin, TN 37067, United States

Find Barnes and Noble at CoolSprings Galleria in Franklin, TN

Visit Barnes and Noble at CoolSprings Galleria in Franklin, TN
Powered by Adeptmind