• Login
    View Item 
    •   Home
    • Yale Law School Faculty Scholarship
    • Faculty Scholarship Series
    • View Item
    •   Home
    • Yale Law School Faculty Scholarship
    • Faculty Scholarship Series
    • View Item
    JavaScript is disabled for your browser. Some features of this site may not work without it.

    Browse

    All of openYLSCommunitiesPublication DateAuthorsTitlesSubjectsThis CollectionPublication DateAuthorsTitlesSubjects

    My Account

    LoginRegister

    Statistics

    Display statistics

    Book Review: Evolucao do Controle Jurisdicional da Constitutionalidade das Leis nos Estados Unidos

    • CSV
    • RefMan
    • EndNote
    • BibTex
    • RefWorks
    Thumbnail
    Name:
    Book_Review_Evolucao_do_Contro ...
    Size:
    88.90Kb
    Format:
    PDF
    Download
    Author
    Borchard, Edwin
    
    Metadata
    Show full item record
    URI
    http://hdl.handle.net/20.500.13051/3047
    Abstract
    These studies of comparative law present a useful method of approach. Mr. Jaffin of the Securities and Exchange Commission has written a useful article on the modes of challenging the constitutionality of legislation in the United States. This article was then translated into Spanish and Portuguese and stimulated the writing of a parallel article by an Argentinian and a Brazilian jurist on judicial review in his country. It is evident that in both Argentina and Brazil judicial control lags considerably behind the highly developed institution in the United States, where it had historical and procedural origins indigenous to countries of the common law. Both Dr. Pecach and Professor Candido Mota express admiration for the United States system, and indicate to how great an extent American decisions are cited in Argentina and Brazil. The Brazilian Constitution of 1937 marks considerable progress in the direction of United States practice. Dr. Pecach, while noting the narrower extent of judicial control in that country, proposes for Argentina a legislative reform to enable legislation to be challenged by injunction or declaratory judgment. An injunction against public officials on the ground of unconstitutionality of the authorizing statute is unknown in Argentina and seems not to be recommended by Dr. Pecach. It would help the study of comparative constitutional law if the Spanish and Brazilian contributions at least were translated into English.
    Collections
    Faculty Scholarship Series

    entitlement

     
    DSpace software (copyright © 2002 - 2023)  DuraSpace
    Quick Guide | Contact Us
    Open Repository is a service operated by 
    Atmire NV
     

    Export search results

    The export option will allow you to export the current search results of the entered query to a file. Different formats are available for download. To export the items, click on the button corresponding with the preferred download format.

    By default, clicking on the export buttons will result in a download of the allowed maximum amount of items.

    To select a subset of the search results, click "Selective Export" button and make a selection of the items you want to export. The amount of items that can be exported at once is similarly restricted as the full export.

    After making a selection, click one of the export format buttons. The amount of items that will be exported is indicated in the bubble next to export format.