Neoconstitutionalism: the role the judge should play in democracy
Alessandro Martins Prado
Broschiertes Buch

Neoconstitutionalism: the role the judge should play in democracy

Making rights effective requires a judge who is aware of his social role, has technical knowledge, but is above all human

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Constitutionalism was for humanity a phenomenon of the slow consolidation of fundamental rights and guarantees. The impact of the horrors of the Second World War, when horrendous acts such as the Nazi holocaust were legitimized by the legislation of the German state, was a warning to humanity that science alone could never move away from ethical values, and so law, too, as a branch of science, as a legal science, could never have believed in the power of formulas, of the application of cold law, decontextualized from the practical case, that legal science could never have believed that one day...