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  • Symbolic Constitutionalization

    by Marcelo Neves ...
    Translated by Kevin Mundy ...
    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, ... Read more

    $93.59 USD

  • Constitutionalism and the Paradox of Principles and Rules

    Between the Hydra and Hercules

    by Marcelo Neves ...
    Series series Oxford Constitutional Theory
    This title offers a unique approach to constitutionalism, focusing on the paradoxical relationship between principles and rules from the perspective of systems theory. It presents a critical counterpoint to Ronald Dworkin's principle-based theory, and in particular to Robert Alexy's idea of optimizing balancing. Instead of ceding to the compulsion of an optimizing balancing, it suggests the ... Read more

    $89.99 USD

  • Transconstitutionalism

    Translated by Kevin Mundy ...
    Series series Hart Monographs in Transnational and International Law
    Transconstitutionalism is a concept used to describe what happens to constitutional law when it is emancipated from the state, in which can be found the origins of constitutional law. Transconstitutionalism does not exist because a multitude of new constitutions have appeared, but because other legal orders are now implicated in resolving basic constitutional problems. A transconstitutional ... Read more

    $105.29 USD