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The proportionality test, as proposed in Robert Alexy’s principles theory, is becoming commonplace in comparative constitutional studies. And yet, the question “are courts justified in borrowing proportionality?” has not been expressly put in many countries where judicial borrowings are a reality. This book sheds light on this question and examines the circumstances under which courts are authorized to borrow from alien legal sources to rule on constitutional cases. Taking the Supreme Federal Court of Brazil – and its enthusiastic recourse to proportionality when interpreting the Federal Constitution – as a case study, the book investigates the normative reasons that could justify the court’s attitude and offers a comprehensive overview of its case law on controversial constitutional matters like abortion, same-sex union, racial quotas, and the right to public healthcare. Providing a valuable resource for those interested in comparative constitutional law and legal theory, or curious about Brazilian constitutional law, this book questions the alleged universality of the proportionality test, challenges the premises of Alexy’s principles theory, and discloses more than 68 Brazilian Supreme Court decisions delivered from 2003 to 2018 that would otherwise have remained unknown to an English-speaking audience.
Conflict of laws --- Law --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Methodology. --- Comparative law. --- Constitutional & administrative law. --- Constitutional law --- Constitutional law. --- International law. --- Judgments --- Jurisprudence & philosophy of law. --- LAW / Essays. --- LAW / General Practice. --- LAW / Jurisprudence. --- LAW / Paralegals & Paralegalism. --- LAW / Practical Guides. --- LAW / Reference. --- Law. --- Proportionality in law --- Semantics (Law). --- Constitutional. --- International. --- Methodology --- Reference. --- Private International Law, International & Foreign Law, Comparative Law . --- Constitutional Law. --- Theories of Law, Philosophy of Law, Legal History. --- Constitutional limitations --- Constitutionalism --- Constitutions --- Limitations, Constitutional --- Public law --- Administrative law --- Interpretation and construction --- Private international law. --- Conflict of laws. --- Law—Philosophy. --- Choice of law --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Legal polycentricity --- Civil law
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The proportionality test, as proposed in Robert Alexy’s principles theory, is becoming commonplace in comparative constitutional studies. And yet, the question “are courts justified in borrowing proportionality?” has not been expressly put in many countries where judicial borrowings are a reality. This book sheds light on this question and examines the circumstances under which courts are authorized to borrow from alien legal sources to rule on constitutional cases. Taking the Supreme Federal Court of Brazil – and its enthusiastic recourse to proportionality when interpreting the Federal Constitution – as a case study, the book investigates the normative reasons that could justify the court’s attitude and offers a comprehensive overview of its case law on controversial constitutional matters like abortion, same-sex union, racial quotas, and the right to public healthcare. Providing a valuable resource for those interested in comparative constitutional law and legal theory, or curious about Brazilian constitutional law, this book questions the alleged universality of the proportionality test, challenges the premises of Alexy’s principles theory, and discloses more than 68 Brazilian Supreme Court decisions delivered from 2003 to 2018 that would otherwise have remained unknown to an English-speaking audience.
Legal theory and methods. Philosophy of law --- International private law --- Public law. Constitutional law --- History --- geschiedenis --- grondrechten --- internationaal privaatrecht --- staatsrecht --- grondwet --- Homosexuality --- Brazil
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