Binding constitutional precedents
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The subject of this article is the system of precedents based on a comparative study of the Brazilian and English models of binding constitutional precedents. The aim is to analyze the binding nature of constitutional judicial precedents interpreting fundamental rights in the two compared legal systems. Particular attention is paid to the study of the hermeneutics and concretization of fundamental rights, creating an explanatory account of how the Federal Supreme Court created its infamous jusfundamental precedents, as well as how this occurs in the English constitutional model. The study is a...
The subject of this article is the system of precedents based on a comparative study of the Brazilian and English models of binding constitutional precedents. The aim is to analyze the binding nature of constitutional judicial precedents interpreting fundamental rights in the two compared legal systems. Particular attention is paid to the study of the hermeneutics and concretization of fundamental rights, creating an explanatory account of how the Federal Supreme Court created its infamous jusfundamental precedents, as well as how this occurs in the English constitutional model. The study is an analytical comparison, both quantitatively (what it is) and qualitatively (what it is), of the decisions that make up the notorious jusfundamental cases of the Federal Supreme Court and the Supreme Court of England.
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