Borrowing Justification for Proportionality

Investigates judicial borrowings as a legally contentious phenomena Analyzes more than 40 decisions of the Supreme Court of Brazil

Indicates how to reformulate sensitive questions raised by judicial borrowings in normative terms

Investigates judicial borrowing as a legally contentious phenomenon Analyzes more than 40 decisions of the Supreme Court of Brazil Suggests how to reformulate the delicate questions raised by judicial borrowings in normative terms

Auteur
Dr. iur. João Andrade Neto, Lecturer at the Pontifical Catholic University of Minas Gerais (PUC Minas) and Padre Arnaldo Janssen Faculty of Law, in Brazil; Court Legal Advisor at the Regional Electoral Court of Minas Gerais (TRE-MG); PhD with the highest distinction (summa cum laude) at the University of Hamburg 2016; Brazilian federal prize for a monograph in election law in 2012; author of essays on legal theory, election law, constitutional law, and comparative law; member of the Brazilian Academy of Election and Political Law (ABRADEP).

Contenu
Chapter 1. Introduction.- Chapter 2. On the Migration of Proportionality.- Chapter 3. The Principles-Theory Variant of Proportionality.- Chapter 4. A System of Rules and Principles.- Chapter 5. A Charter of Rights with Wide Scope.- Chapter 6. A Constitutional Court Looking for Justification.- Chapter 7. A Final Argument in Favour of Proportionality.- Chapter 8. Concluding Remarks.