Boekhandel Douwes Den Haag

Symbolic Constitutionalization

Neves, Marcelo (Professor of Public Law, Professor of Public Law, University of Brasilia Law School)

Symbolic Constitutionalization

Symbolic Constitutionalization

Symbolic Constitutionalization

 

The book focuses on the symbolic function of constitutions from the point of view of social contexts in which rule of law and constitutional rights do not play a relevant role despite their solemn declaration in legal texts.


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Beschrijving Symbolic Constitutionalization

The subject of this book is the social and political meaning of constitutional texts to the detriment of their legal concretization. Focusing on the discrepancy between the hypertrophically symbolic function of constitutions and their insufficient legal concretization, it offers a critical counterpoint to constitutional theory that treats constitutional texts as a panacea to solving political, legal, and social problems. In contrast to the premises of Niklas Luhmann's systems theory regarding law and constitution in world's society, symbolic constitutionalization is approached here in both a comprehensive and far-reaching perspective.

Chapter 1 sets out the debate about symbolic legislation. Chapter 2 explains the notion of symbolic constitutionalization as a problem embracing the whole legal system. Chapter 3 approaches the issue in terms of allopoiesis of law, characterizing it primarily as a problem in peripheral modernity and referring to the Brazilian experience. The final chapter discusses the tendency to a symbolic constitutionalization of world society in the scope of a paradoxical peripheralization of the centre.


ISBN
9780192857149
Pagina's
192
Verschenen
NUR
820
Druk
1
Uitvoering
Hardback
Taal
Engels
Uitgever
OUP Oxford

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