Coverart for item
The Resource Borrowing Justification for Proportionality : On the Influence of the Principles Theory in Brazil, by João Andrade Neto, (electronic resource)

Borrowing Justification for Proportionality : On the Influence of the Principles Theory in Brazil, by João Andrade Neto, (electronic resource)

Label
Borrowing Justification for Proportionality : On the Influence of the Principles Theory in Brazil
Title
Borrowing Justification for Proportionality
Title remainder
On the Influence of the Principles Theory in Brazil
Statement of responsibility
by João Andrade Neto
Creator
Subject
Language
eng
Summary
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.--
Member of
Assigning source
Provided by publisher
http://library.link/vocab/creatorName
Andrade Neto, João
Dewey number
340.9
Image bit depth
0
Literary form
non fiction
Nature of contents
dictionaries
Series statement
  • Ius Gentium: Comparative Perspectives on Law and Justice,
  • Springer eBooks
  • Springer eBooks.
Series volume
72
http://library.link/vocab/subjectName
Constitutional law
Label
Borrowing Justification for Proportionality : On the Influence of the Principles Theory in Brazil, by João Andrade Neto, (electronic resource)
Link
http://ezproxy.eui.eu/login?url=https://doi.org/10.1007/978-3-030-02263-1
Instantiates
Publication
Antecedent source
mixed
Carrier category
online resource
Carrier category code
cr
Carrier MARC source
rdacarrier
Color
not applicable
Content category
text
Content type code
txt
Content type MARC source
rdacontent
Contents
Chapter 1. Introduction -- Chapter 2. On the Migration of Proportionality -- Chapter 3. The Principles-Theory Variant of Proportionality -- Chapter 4. A System of Rules and Principles -- Chapter 5. A Charter of Rights with Wide Scope -- Chapter 6. A Constitutional Court Looking for Justification -- Chapter 7. A Final Argument in Favour of Proportionality -- Chapter 8. Concluding Remarks
Control code
978-3-030-02263-1
Dimensions
unknown
Extent
1 online resource (XIV, 340 pages)
File format
multiple file formats
Form of item
  • online
  • electronic
Governing access note
Use of this electronic resource may be governed by a license agreement which restricts use to the European University Institute community. Each user is responsible for limiting use to individual, non-commercial purposes, without systematically downloading, distributing, or retaining substantial portions of information, provided that all copyright and other proprietary notices contained on the materials are retained. The use of software, including scripts, agents, or robots, is generally prohibited and may result in the loss of access to these resources for the entire European University Institute community
Isbn
9783030022631
Level of compression
uncompressed
Media category
computer
Media MARC source
rdamedia
Media type code
c
Other physical details
1 illustration
Quality assurance targets
absent
Reformatting quality
access
Specific material designation
remote
System control number
(OCoLC)1062418925
Label
Borrowing Justification for Proportionality : On the Influence of the Principles Theory in Brazil, by João Andrade Neto, (electronic resource)
Link
http://ezproxy.eui.eu/login?url=https://doi.org/10.1007/978-3-030-02263-1
Publication
Antecedent source
mixed
Carrier category
online resource
Carrier category code
cr
Carrier MARC source
rdacarrier
Color
not applicable
Content category
text
Content type code
txt
Content type MARC source
rdacontent
Contents
Chapter 1. Introduction -- Chapter 2. On the Migration of Proportionality -- Chapter 3. The Principles-Theory Variant of Proportionality -- Chapter 4. A System of Rules and Principles -- Chapter 5. A Charter of Rights with Wide Scope -- Chapter 6. A Constitutional Court Looking for Justification -- Chapter 7. A Final Argument in Favour of Proportionality -- Chapter 8. Concluding Remarks
Control code
978-3-030-02263-1
Dimensions
unknown
Extent
1 online resource (XIV, 340 pages)
File format
multiple file formats
Form of item
  • online
  • electronic
Governing access note
Use of this electronic resource may be governed by a license agreement which restricts use to the European University Institute community. Each user is responsible for limiting use to individual, non-commercial purposes, without systematically downloading, distributing, or retaining substantial portions of information, provided that all copyright and other proprietary notices contained on the materials are retained. The use of software, including scripts, agents, or robots, is generally prohibited and may result in the loss of access to these resources for the entire European University Institute community
Isbn
9783030022631
Level of compression
uncompressed
Media category
computer
Media MARC source
rdamedia
Media type code
c
Other physical details
1 illustration
Quality assurance targets
absent
Reformatting quality
access
Specific material designation
remote
System control number
(OCoLC)1062418925

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