This title tackles the dominant constitutional theories provided by Ronald Dworkin and Robert Alexy and presents a critical counterpoint. It considers the paradoxical relationship between principles and rules within constitutional theory. This is essential reading for those involved in constitutional adjudication involving rules and principles.
This title tackles the dominant constitutional theories provided by Ronald Dworkin and Robert Alexy and presents a critical counterpoint. It considers the paradoxical relationship between principles and rules within constitutional theory. This is essential reading for those involved in constitutional adjudication involving rules and principles.
Marcelo Neves received his LLB and LLM in Brazil, and in 1991 was awarded the Dr. Jur. degree at the University of Bremen Law School, in Germany (Grant of DAAD). In 2000 he was awarded the 'Habilitation' (postdoctoral degree) at the University of Fribourg, Switzerland. Marcelo is currently Full Professor of Public Law at the University of Brasília, in Brazil, appointed as of July 2011. Beyond several visiting appointments at German universities, he was also a visiting scholar at the University of Oxford; Yale Law School; University of Glasgow; LSE; European University Institute (Florence); Stellenbosch Institute for Advanced Studies (South Africa).
Inhaltsangabe
* Introduction * 1: From Classic Distinctions Between Legal Principles and Rules... * 2: ...Through the Still Dominant Models of Division Between Constitutional Principles and Rules... * 3: ...To the Search of another Model of Difference Between Constitutional Principles and Rules * 4: The Use and Abuse of Principles: From Doctrine to Practice in Brazilian Constitutional Law * Final Comment: Judge Iolaus
* Introduction * 1: From Classic Distinctions Between Legal Principles and Rules... * 2: ...Through the Still Dominant Models of Division Between Constitutional Principles and Rules... * 3: ...To the Search of another Model of Difference Between Constitutional Principles and Rules * 4: The Use and Abuse of Principles: From Doctrine to Practice in Brazilian Constitutional Law * Final Comment: Judge Iolaus
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