sexta-feira, 26 de fevereiro de 2010

Teoria da Justiça Constitucional

Bibliografia
I - Conceitos gerais e direito comparado
1- A Theory of Judicial Power and Judicial Review
2- Mapping Comparative Judicial Review
3- A Tale of Two Maps: The Limits of Universalism in Comparative Judicial Review
II - A legitimidade da Justiça Constitucional
4-Neutrality and Judicial Review Is Judicial Review Compatible with Democracy?
5-Against Judicial Review
6-Towards Juristocracy: The Origins and Consequences of the New Constitutionalism
7-Judicial Review and Populism
8-Judicial Review and Democratic Failure
9-The Non-Retrogression Principle in Constitutional Law
10-Political Constitutionalism and Judicial Review
11-Adjudication As Representation Judicial Review and Interpretation: Have the Courts Become Sovereign When Interpreting the Constitution?
12-Democracy is Not Enough: Rights, Proportionality and the Point of Judicial Review
13-Dialogic Judicial Review and its Critics
14-The Myths of Judicial Activism
15-Political Questions: An Invasive Species Infecting the Courts
16-Political Questions in the Court: Is 'Judicial Self-Restraint' a Better Alternative than a 'Non Justiciable' Approach?
17-Law and Prudence in the Law of Justiciability: The Transformation and Disappearance of the Political Question Doctrine
18-Are There Any Limits to Justiciability?
19-Judiciary: Courts and Public Policymaking
III - O ativismo judicial no direito comparado
20-Judicial Activism in India: A Necessary Evil
21-Judicial Activism in Curbing the Problem of Public Nuisance to Environment in India
22-Judicial Activism in Israel: Sources, Forms and Manifestations
23-Measuring Judicial Activism on the Supreme Court of Canada: A Comment on Newfoundland (Treasury Board) V. Nape
24-Judicial Activism of the European Court of Justice and the Development of the European Social Mode in Anti-Discrimination and Consumer Law
IV - Justiça constitucional e justiça social
25- Social Justice and the Judiciary: Will Judges React Differently in Different Member States to the Europeanization of Social Justice?
25-Constitutionalism, Judicial Review, and Progressive Change
26-The Justiciability of Social and Economic Rights: An Updated Appraisal
27- Realizing Economic, Social and Cultural Rights: Communities, Courts, and the Academy
28-Justiciability of the Right to Education
29-Social Rights, Courts and Constitutional Democracy - Poverty and Welfare Rights in the United States
30-Salvaging the Welfare State? The Prospects for Judicial Review of the Canada Health & Social Transfer
31-The Europeanization of Welfare-The Domestic Impact of Intra-European Social …
32-France: Rethinking 'Droits-Creances'
33- Exporting South Africa's Social Rights Jurisprudence
34-Social and Economic Rights? Lessons from South Africa
35-Adjudicating Non-Justiciable Rights: Socio-Economic Rights and the South African Constitutional Court
36-The Case for Judicial Review Over Social Rights: Israeli Perspectives
37- Ireland: The Separation of Powers Doctrine vs. Socio-Economic Rights