Abusive constitutional borrowing, Dixon, Rosalind (professor Of Law, Professor Of Law, University Of New South Wales) Landau, David (mason Ladd Professor, Mason Ladd Professor, Fsu Col
Описание: After the collapse of communism, some thirty countries scrambled to craft democratic constitutions. The constitutional model they chose was neither the parliamentary model found in most of Western Europe at the time, nor the presidential model of the Americas. This title questions the hasty adoption of semi-presidentialism by these democracies.
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.
Описание: Hardie investigates the link between the financialization - defined as the ability to trade risk - and the capacity of emerging market governments to borrow from private markets. He considers the government bond markets in Brazil, Lebanon and Turkey and includes interviews with 126 financial market actors.
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