Symbolic constitutionalization
Bibliographic Information
Symbolic constitutionalization
Marcelo Neves ; translated by Kevin Mundy
Oxford University Press, 2022
Available at / 1 libraries
Note
"... 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
Description and Table of Contents
Description
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.
Table of Contents
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
by "Nielsen BookData"