Open Daily: 10am - 10pm | Alley door pickup 10am - 7pm 3038 Hennepin Ave Minneapolis, MN
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  • Open Daily: 10am - 10pm
    Alley-side Pickup: 10am - 7pm

    3038 Hennepin Ave Minneapolis, MN
    612-822-4611

Open Daily: 10am - 10pm | Alley-side Pickup: 10am - 7pm
3038 Hennepin Ave Minneapolis, MN
612-822-4611
Neoconstitutionalism: the role the judge should play in democracy

Neoconstitutionalism: the role the judge should play in democracy

Martins Prado, Alessandro

Paperback

General Law

ISBN10: 6203901970
ISBN13: 9786203901979
Publisher: Our Knowledge Publishing
Published: Apr 22 2025
Pages: 120
Weight: 0.38
Height: 0.28 Width: 6.00 Depth: 9.00
Language: English
Constitutionalism was for humanity a phenomenon of the slow consolidation of fundamental rights and guarantees. The impact of the horrors of the Second World War, when horrendous acts such as the Nazi holocaust were legitimized by the legislation of the German state, was a warning to humanity that science alone could never move away from ethical values, and so law, too, as a branch of science, as a legal science, could never have believed in the power of formulas, of the application of cold law, decontextualized from the practical case, that legal science could never have believed that one day the Judiciary could fulfill the function of being just Montesquieu's Mouth of the Law. In this sense, Neoconstitutionalism represented the rapprochement of Legal Science with moral and ethical principles and the, shall we say, super principle born of the 1948 Universal Declaration of Human Rights, the Principle of the Dignity of the Human Person. It is now, more than ever, up to the judge to responsibly assume his role of making fundamental rights and guarantees effective, effusively refusing to be the main piece on the board of neoliberalism.

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