Juliano Z. Benvindo investigates the present flow of constitutional courts in the direction of political activism, particularly by means of targeting the expanding use of the balancing technique as a “rational” justification for this approach. From the severe belief of the intense hazards of this circulate to democracy, the e-book takes as examples constitutional realities, Germany and Brazil, which will speak about the rationality, correctness, and legitimacy of constitutional judgements inside this context. via a discussion among Jacques Derrida’s deconstruction and Jürgen Habermas’s proceduralism, the writer confronts Robert Alexy’s safety of the balancing process in addition to these constitutional realities. This war of words ends up in the creation of the concept that of restricted rationality utilized to constitutional democracy and constitutional adjudication, which affirms the double bind of historical past and justice as a situation for a convention of decision-making dedicated to the main of separation of powers.
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