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Symbolic Constitutionalization (Hardcover)
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Symbolic Constitutionalization (Hardcover)
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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.
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