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Symbolic Constitutionalization Marcelo Neves (Professor of Public Law, Professor of Public Law, University of Brasilia Law School)

Symbolic Constitutionalization By Marcelo Neves (Professor of Public Law, Professor of Public Law, University of Brasilia Law School)

Summary

The book focuses on the symbolic function of constitutions from the point of view of social contexts in which rule of law and constitutional rights do not play a relevant role despite their solemn declaration in legal texts. It is recommended to anyone interested in understanding modern constitutionalism through the lens of world society.

Symbolic Constitutionalization Summary

Symbolic Constitutionalization by Marcelo Neves (Professor of Public Law, Professor of Public Law, University of Brasilia Law School)

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.

About Marcelo Neves (Professor of Public Law, Professor of Public Law, University of Brasilia Law School)

Marcelo Neves received his LLB and LLM in Brazil, and in 1991 was awarded the Dr. Jur. degree at the University of Bremen Law School, in Germany (Grant of DAAD). In 2000 he was awarded the 'Habilitation' (postdoctoral degree) at the University of Fribourg, Switzerland. Marcelo is currently Full Professor of Public Law at the University of Brasilia, in Brazil, appointed as of July 2011. Beyond several visiting appointments at German universities, he was also a visiting scholar at the University of Oxford; Yale Law School; University of Glasgow; LSE; European University Institute (Florence); Stellenbosch Institute for Advanced Studies (South Africa).

Table of Contents

Introduction 1: From Symbolic Legislation, a Forward-moving Debate 2: ...to symbolic constitutionalization, opening up a debate 3: Symbolic Constitutionalization as Allopoiesis of the Legal System Prospect: Symbolic constitutionalization of world society? Peripheralization of the center? Bibliography

Additional information

NPB9780192857149
9780192857149
0192857142
Symbolic Constitutionalization by Marcelo Neves (Professor of Public Law, Professor of Public Law, University of Brasilia Law School)
New
Hardback
Oxford University Press
2022-04-28
192
N/A
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