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Symbolic Constitutionalization

Symbolic Constitutionalization

Symbolic Constitutionalization

Author: Marcelo Neves; Kevin Mundytranslator
Publisher: Oxford University Press
ISBN: 9780192857149
Published In: April 2022
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: AU$273.00

AU$264.81 Save AU$8.19 (3%)

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Description
Contents

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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.

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

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