Legislative underreach: the theory and enforcement of constitutional duties to legislate

Thesis

This thesis investigates legislative underreach: the failure of legislatures to enact laws required by the constitution. Drawing on comparative analysis of Brazil and Germany, it shows how different constitutional systems have dealt with the issue of lack of constitutionally necessary legislation. In Brazil’s 1988 Constitution, numerous provisions require legislation in order to be applied, including to regulate different forms of discrimination, the right to strike, minimum wage, tax law, et...

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Authors: Tommasini, N

• DOI: 10.5287/ora-beamb2xed
• Type of award: DPhil
• Level of award: Doctoral
• Awarding institution: University of Oxford
• Language: English
• Keywords: constitutional obligations; judicial review; unconstitutional omissions; Federal Constitutional Court of Germany; statutory constitution; legislative omissions; judicial nudging; duty to legislate; legislative constitutionalism; constitutional supremacy; Supreme Federal Court of Brazil
• Subjects: Constitutional law; Constitutional entrenchment; Comparative Constitutional Law; Postitive Constitutionalism