
Constitutionalism and the Paradox of Principles and Rules
Between the Hydra and Hercules
Marcelo Neves(Author)
Oxford University Press
Published on 29. April 2021
Book
Hardback
214 pages
978-0-19-289874-6 (ISBN)
Description
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 possibility of a comparative or at least 'satisficing' balancing, considering the precariousness of legal rationality. The book also reverses Dworkin's metaphor, associating rules with Hercules and principles with the Hydra. It takes constitutional principles seriously, criticizing the abuse of principles by the legal and constitutional doctrine and practice, and pointing out their relationship of complementarity and tension with rules. Finally, it offers an alternative model to the recent legal and constitutional theory on the basis of certain assumptions of the systems theory. It deals especially with the paradox of the circular and reflexive relationship between constitutional principles and rules: the former refers primarily to the openness and adequacy of legal system to society and thus to substantive argumentation; the second refers primarily to the closure and consistency of legal system and thus to formal argumentation.
More details
Series
Language
English
Place of publication
Oxford
United Kingdom
Target group
College/higher education
Product notice
sewn/stitched
Cloth over boards
Dimensions
Height: 236 mm
Width: 155 mm
Thickness: 23 mm
Weight
499 gr
ISBN-13
978-0-19-289874-6 (9780192898746)
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Schweitzer Classification
Other editions
Additional editions

Marcelo Neves
Constitutionalism and the Paradox of Principles and Rules
Between the Hydra and Hercules
E-Book
04/2021
1st Edition
OUP eBook
€67.49
Available for download

Marcelo Neves
Constitutionalism and the Paradox of Principles and Rules
Between the Hydra and Hercules
E-Book
04/2021
1st Edition
OUP eBook
€67.49
Available for download
Person
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).
Author
Professor of Public LawProfessor of Public Law, University of Brasilia Law School
Content
Introduction 1: From Classic Distinctions Between Legal Principles and Rules... 2: ...Through the Still Dominant Models of Division Between Constitutional Principles and Rules... 3: ...To the Search of another Model of Difference Between Constitutional Principles and Rules 4: The Use and Abuse of Principles: From Doctrine to Practice in Brazilian Constitutional Law Final Comment: Judge Iolaus