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Symbolic Constitutionalization

by Marcelo Neves

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When Constitutional Text Outruns Constitutional Practice

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Hardcover New English

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AlbakiReads Editorial

When Constitutional Text Outruns Constitutional Practice

Marcelo Neves examines the gap between constitutions’ public, political significance and their limited realization in legal practice. The book challenges approaches that treat constitutional texts as solutions in themselves, framing symbolic constitutionalization as an issue that can extend across an entire legal system. Its four chapters move from symbolic legislation to the concept’s systemic implications, then to the allopoiesis of law and the Brazilian experience, before considering constitutionalization in world society. Engaging with—and departing from—Niklas Luhmann’s systems theory, Neves places constitutional symbolism within questions of peripheral modernity and the changing relationship between legal centres and peripheries.

Good fit for readers who enjoy

  • Students and scholars of constitutional law and legal theory
  • Readers interested in law’s relationship to political and social institutions
  • Those studying Brazilian constitutional experience or systems theory

Themes

Constitutional theorySymbolic legislationLegal systemsPeripheral modernityBrazilian law

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Book overview

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.
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