Symbolic Constitutionalization (Hardcover)

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.

General

Imprint:	Oxford UniversityPress
Country of origin:	United Kingdom
Release date:	April 2022
Authors:	Marcelo Neves (Professor of Public Law)
Translators:	Kevin Mundy
Dimensions:	240 x 162 x 16mm (L x W x T)
Format:	Hardcover
Pages:	192
ISBN-13:	978-0-19-285714-9
Categories:	Books > Law > Jurisprudence & general issues > Jurisprudence & philosophy of law Books > Law > Jurisprudence & general issues > Law & society Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > General Promotions
LSN:	0-19-285714-2
Barcode:	9780192857149

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