Your email address will be used for Wildy’s marketing materials only. We will never give your email address to any third party. You may opt out at any time by following the unsubscribe link included in every email.
Special Discounts for Newly Called & Students
Browse Secondhand Online
Due to an overnight system upgrade eBook orders will not be processed between 10pm on 18/06/18 and 9am on 19/06/18. We are sorry for any inconvenience caused.
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.