Beyond the written constitution: brown v. board of education as a starting point
| Autor | Thiago Luís Santos Sombra - Natália Kalil Chad Sombra |
| Cargo | Assistant Private Law Professor and Ph.D student at the University of Brasilia. Visiting Reseacher at the London School of Economics-LSE, Attorney. For helpful comments and conversations, I am grateful to Juliano Zaiden (University of Brasília), Gustavo Tourinho, Leonardo Toledo, Tomaso Ferrando (Sciences Po). I have also benefitted from... |
| Páginas | 27-33 |
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BEYOND THE WRITTEN CONSTITUTION:
BROWN V. BOARD OF EDUCATION AS A STARTING POINT
Thiago Luís Santos Sombra 1†
Natália Kalil Chad Sombra 22
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ABSTRACT
This essay propose an analysis related to how Warren Court became very particular in
American constitutional history by confronting Jim Crow laws, especially by applying the
Bill of Rights against States. In this essay, we outline the complexity of the unwritten
Constitution after Brown vs Board of Education and other specific contributions of the
Warren Court. Cases like Brown vs. Board of Education will be analyzed from a different
point of view to understand the Court’s methods and how they affect the comprehension of
fundamental rights today beyond what is the constitutional text.
KEYWORDS: Constitution. Warren Court. Bill of Rights. Brown vs. Board of Education.
1 Assistant Private Law Professor and Ph.D student at the University of Brasilia. Visiting Reseacher at the
London School of Economics-LSE, Attorney. For helpful comments and conversations, I am grateful to Juliano
Zaiden (University of Brasília), Gustav o Tourinho, Leonardo Toledo, Tomaso Ferrando (Sciences Po). I have
also benefitted from presenting an earlier draft of this Constitutional Law Conference at University of São Paulo.
This project was supported by the General State Attorney of São Paulo’s State, email
thiagoluissombra@gmail.com
2 São Paulo State Attorney before Brazilian Supreme Court.
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