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The Unwritten Brazilian Constitution

Author : Rubens Becak

Publisher : Rowman & Littlefield

Page : 285 pages

File Size : 15,19 MB

Release : 2020-11-09

Category : Law

ISBN : 1793623708

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Book Description

The Unwritten Brazilian Constitution offers an unexplored topic outside Portuguese language: the leading cases on human rights in the Brazilian Supreme Court (Supremo Tribunal Federal – STF). The Brazilian Constitution of 1988 represents an institutional framework able to restructure the relationship between the powers after the military dictatorship. The constituents drafted the Brazilian Constitution in order to set an extensive system of judicial protection for fundamental rights, by means of several instruments that have strengthened access to the Judiciary. Because the Brazilian Constitution has an extensive list of fundamental rights, the STF was called to interpret them several times and it developed an unwritten understanding of these fundamental rights. These decisions are not available to the international community since they are not translated to English. Based on this gap, this original book illustrates the main rulings on human rights analyzed by great scholars in Brazil. The text presents a deep discussion regarding the characteristics of the cases and demonstrates how the STF has built the legal arguments to interpret the extension of the fundamental rights.



Making Brazil Work

Author : M. Melo

Publisher : Springer

Page : 341 pages

File Size : 47,65 MB

Release : 2013-08-20

Category : Political Science

ISBN : 1137310847

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Book Description

This book offers the first conceptually rigorous analysis of the political and institutional underpinnings of Brazil's recent rise. Using Brazil as a case study in multiparty presidentialism, the authors argue that Brazil's success stems from the combination of a constitutionally strong president and a robust system of checks and balances.



Comparative Constitutional Reasoning

Author : András Jakab

Publisher : Cambridge University Press

Page : 867 pages

File Size : 24,60 MB

Release : 2017-04-27

Category : Law

ISBN : 1108138616

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Book Description

To what extent is the language of judicial opinions responsive to the political and social context in which constitutional courts operate? Courts are reason-giving institutions, with argumentation playing a central role in constitutional adjudication. However, a cursory look at just a handful of constitutional systems suggests important differences in the practices of constitutional judges, whether in matters of form, style, or language. Focusing on independently-verified leading cases globally, a combination of qualitative and quantitative analysis offers the most comprehensive and systematic account of constitutional reasoning to date. This analysis is supported by the examination of eighteen legal systems around the world including the European Court of Human Rights and the European Court of Justice. Universally common aspects of constitutional reasoning are identified in this book, and contributors also examine whether common law countries differ to civil law countries in this respect.



Report on the Situation of Human Rights in Brazil

Author : Inter-American Commission on Human Rights

Publisher : General Secretariat Organization of American States

Page : 176 pages

File Size : 46,59 MB

Release : 1997

Category : Political Science

ISBN :

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Book Description

D. THE INDIGENOUS LANDS



Afro-Latin American Studies

Author : Alejandro de la Fuente

Publisher : Cambridge University Press

Page : 663 pages

File Size : 36,91 MB

Release : 2018-04-26

Category : History

ISBN : 1316832325

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Book Description

Alejandro de la Fuente and George Reid Andrews offer the first systematic, book-length survey of humanities and social science scholarship on the exciting field of Afro-Latin American studies. Organized by topic, these essays synthesize and present the current state of knowledge on a broad variety of topics, including Afro-Latin American music, religions, literature, art history, political thought, social movements, legal history, environmental history, and ideologies of racial inclusion. This volume connects the region's long history of slavery to the major political, social, cultural, and economic developments of the last two centuries. Written by leading scholars in each of those topics, the volume provides an introduction to the field of Afro-Latin American studies that is not available from any other source and reflects the disciplinary and thematic richness of this emerging field.



Civil-Military Relations in Lebanon

Author : Are John Knudsen

Publisher : Springer

Page : 163 pages

File Size : 32,46 MB

Release : 2017-08-31

Category : Political Science

ISBN : 3319551671

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Book Description

This volume examines Lebanon’s post-2011 security dilemmas and the tenuous civil-military relations. The Syrian civil war has strained the Lebanese Armed Forces’ (LAF) cohesion and threatens its neutrality – its most valued assets in a divided society. The spill-over from the Syrian civil war and Hezbollah’s military engagement has magnified the security challenges facing the Army, making it a target. Massive foreign grants have sought to strengthen its military capability, stabilize the country and contain the Syria crisis. However, as this volume demonstrates, the real weakness of the LAF is not its lack of sophisticated armoury, but the fragile civil–military relations that compromise its fighting power, cripple its neutrality and expose it to accusations of partisanship and political bias. This testifies to both the importance of and the challenges facing multi-confessional armies in deeply divided countries.



Concurrent Powers in Federal Systems

Author : Nico Steytler

Publisher : BRILL

Page : 378 pages

File Size : 27,97 MB

Release : 2017-01-09

Category : Law

ISBN : 9004337571

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Book Description

Concurrency of powers – the exercise of jurisdiction by federal governments and constituent units in the same policy areas – is a key, if not the central, mode of governance in most federal systems today. Moreover, the experience has been that federal governments dominate the concurrent space giving rise to contestation. This volume, Concurrent Powers in Federal Systems: Meaning, Making and Managing, edited by Professor Nico Steytler, is the first to examine from a comparative perspective this crucial issue confronting both established and emerging federations. Case studies of 16 countries on five continents dissect the various manifestations of concurrency, analyse what drives this modern governance mode, and review management strategies that seek to guard against central dominance of concurrent areas.





Framing the State in Times of Transition

Author : Laurel E. Miller

Publisher : US Institute of Peace Press

Page : 737 pages

File Size : 29,12 MB

Release : 2010

Category : History

ISBN : 1601270550

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Book Description

Analyzing nineteen cases, this title offers practical perspective on the implications of constitution-making procedure, and explores emerging international legal norms.



Making Law Matter

Author : Lesley McAllister

Publisher : Stanford University Press

Page : 288 pages

File Size : 49,91 MB

Release : 2008-05-30

Category : Law

ISBN : 0804758239

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Book Description

Making Law Matter presents the first book-length treatment of an innovative prosecutorial institution, the Brazilian Ministrio Publico, which refashioned itself in the 1980s into a powerful defender of citizen rights in environmental protection, as well as in other areas of public interest such as disability rights, consumer protection, and anti-corruption.