Symbolic constitutionalization

著者

• Neves, Marcelo
• Mundy, Kevin

書誌事項

Symbolic constitutionalization

Marcelo Neves ; translated by Kevin Mundy

Oxford University Press, 2022

注記

"... originally published in Portuguese and later translated into German and Spanish ... first version of this book was written in Portuguese and published in São Paulo in 1994 ... German version, which was published in an extensively revised and updated edition in 1998 by Duncker und Humblot ... new Brazilian edition based on the German edition, but with some additions and changes, was published in 2007 by WMF Martins Fontes in São Paulo, followed by two more editions in 2011 and 2013. The present English version corresponds to the last Brazilian edition, but I have added new passages and notes"--Pref. to English ed

Includes bibliographical references (p. [141]-164) and indexes

内容説明・目次

内容説明

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.

目次

Introduction 1: From Symbolic Legislation, a Forward-moving Debate 2: ...to symbolic constitutionalization, opening up a debate 3: Symbolic Constitutionalization as Allopoiesis of the Legal System Prospect: Symbolic constitutionalization of world society? Peripheralization of the center? Bibliography

「Nielsen BookData」 より

詳細情報

• NII書誌ID(NCID): BD00797768
• ISBN:
  • 9780192857149
• LCCN: 2021945567
• 出版国コード: uk
• タイトル言語コード: eng
• 本文言語コード: eng
• 出版地: Oxford
• ページ数/冊数: xiv, 176 p.
• 大きさ: 24 cm
• 分類:
  • DC23 : 342.001
  • LCC : K3165
• 件名:
  • LCSH : Constitutional law -- Philosophy