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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.
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.
This book offers an original and comprehensive analysis of Brazilian constitutional law and shows how the 1988 Constitution has been a cornerstone in Brazil's struggle to achieve institutional stability and promote the enforcement of fundamental rights. In the realm of rights, although much has been done to decrease the gap between constitutional text and constitutional practice, several types of inequalities still affect and sometimes impair the enforcement of the ambitious bill of rights laid down by the Brazilian Constitution. Within the organisation of powers, the book not only describes how its legislative, executive and judicial functions are organised, but above all else, it analyses how a politically fragmented National Congress, a powerful President and an activist Supreme Court engage with each other in ways that one could hardly grasp by reading the constitutional text without contextual analysis. Similarly, the book also shows how the three-tiered federation established in 1988 has undergone a process of centralisation led not only by the central government but also by the Brazilian Supreme Court. In addition to chapters on organisation of powers, fundamental rights, federalism, and the legislative process, the book also presents an overview of Brazilian constitutionalism with a special focus on the transition from authoritarianism to democracy, which led to the enactment of the 1988 Constitution. In the conclusion, the author argues that part of the Constitution's transformative potential remains to be realised. Enforcing the Constitution, not changing it, has been the real challenge in the last three decades and will continue to be for many years to come.
While the term “culture wars” often designates the heated arguments in the English-speaking world spiraling around race, the canon, and affirmative action, in fact these discussions have raged in diverse sites and languages. Race in Translation charts the transatlantic traffic of the debates within and between three zones—the U.S., France, and Brazil. Stam and Shohat trace the literal and figurative translation of these multidirectional intellectual debates, seen most recently in the emergence of postcolonial studies in France, and whiteness studies in Brazil. The authors also interrogate an ironic convergence whereby rightist politicians like Sarkozy and Cameron join hands with some leftist intellectuals like Benn Michaels, Žižek, and Bourdieu in condemning “multiculturalism” and “identity politics.” At once a report from various “fronts” in the culture wars, a mapping of the germane literatures, and an argument about methods of reading the cross-border movement of ideas, the book constitutes a major contribution to our understanding of the Diasporic and the Transnational.
"Formerly known as the International Citation Manual"--p. xv.
This study of 200 years of Latin American constitutionalism (1810-2010) both presents a description and a critical analysis of what Latin Americans did with their Constitutions during those years.
This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.
The Meaning of Liberalism in Brazil explores the consequences of globalization in emerging-market economies using Brazil as a case study. This well-researched and thought provoking book elaborates a new interpretation of Brazilian society by showing the relationship between political thought and economics, as well as how the two disciplines can interact, working together to shape a nation. Milton Tosto Jr. carefully traces the meaning of liberalism throughout Brazilian history, explaining liberalism's birth and collapse, and ultimately offers reasons why the new liberal institutions of Brazil have an excellent chance of prospering. Anyone interested in economics, political theory, or Latin American studies will find this unique and insightful volume helpful.