Suchergebnisse

The interactions between legal and political system has been strengthened in recent years, especially through judicial review, with the transference to Courts of themes that define and divide a political system. In brazilian case, in the absence of legislative deliberation some of these discussions are forwarded Brazilian courts, who gave controversial decisions about "mega politics". So, the research´s question "" is the Brazilian Federal Supreme Court (re) building electoral legislation, as a manifestation of judicial activism, interfering in mega politics?The study starts from a theoretical approach, with the deductive method, combined with a qualitative case analysis about courts´s decisions regarding party loyalty, coalition verticalizations, threshold clauses and the rights of legislative minorities, and political donations. Therefore, the research is supported by a bibliographical and documentary survey. Based on the methodological approach of Judicial Politcs, the legal protection of fundamental political rights and the structure of the Brazilian strong judicial system are described (Normative Theory), and evaluated the motivations of legal decisions, taking into account judicialization as exercise of a political activity (Positive Theory).

Abstract: The article examines the history of legal restrictions on political activities by Victorian public employees from the introduction of responsible government in 1856. As in other Australian jurisdictions, the rules have gradually become less restrictive. Special aspects of the Victorian experience examined include: (a) the short lived experiment of not excluding permanent officials from membership of Parliament; (b) the creation of separate parliamentary constituencies for public employees in 1903; (c) the attempt to devise safeguards against political pressure by public employees after separate representation was abandoned; (d) special restrictions on the police, including disenfranchisement from 1854 to 1888 and the ban on participating in elections otherwise than by voting.