Download or read book The Rule on the Writ of Amparo written by May Hazel M. Tagupa and published by . This book was released on 2015 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Judicial Review in Mexico written by Richard D. Baker and published by University of Texas Press. This book was released on 2015-01-15 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: The amparo suit is a Mexican legal institution similar in its effects to such Anglo-American procedures as habeas corpus, error, and the various forms of injunctive relief. It has undergone a long evolution since it was incorporated into the Constitution of 1857. Today, its principal purpose is to protect private individuals in the enjoyment of the rights guaranteed by the first twenty-nine articles of the Constitution. Mexico after its independence produced many constitutions. One of the earliest problems was to find an adequate means of defending the Constitution against ill-founded interpretations of its precepts. Like the United States, Mexico has developed a system of constitutional defense in which the judiciary is the supreme interpreter of what this document means. Unlike the United States Supreme Court, however, the Mexican Supreme Court has not been innovative in its decisions or contradicted the administration on major policy decisions. This difference must be attributed to the civil law system of Mexico as well as to the political climate. The first part of Richard D. Baker’s book describes the historical background of amparo and other methods of constitutional defense in Mexico. The three men most closely associated with creating a judicial form of constitutional defense in Mexico were Manuel Crescencio Rejón, José Fernando Ramírez, and Mariano Otero. Their own writings indicate that the immediate source of amparo must be found in the American institution of judicial review that was transmitted to Mexicans through Alexis de Tocqueville’s Democracy in America. The second part is an exposition of the workings of the amparo suit in the twentieth century and the constitutional and statutory provisions affecting it. Since 1857, when it was incorporated into article 102 of the Constitution, the amparo suit has evolved into a highly complex institution performing three functions: the defense of the civil liberties enumerated in the first twenty-nine articles of the Constitution, the determination of the constitutionality of federal and state legislation, and cassation. The Supreme Court is primarily limited to defending civil liberties through the amparo suit; it remains less innovative and more restricted than the United States system of judicial review, especially in the effect of its judgments on political agencies. Baker’s study is the first one in English dealing with this subject and is one of the most extensive in any language. It should be welcome as a valuable tool to all students of Mexican law, history, and political thought.
Download or read book Constitutional Protection of Human Rights in Latin America written by Allan R. Brewer-Carías and published by Cambridge University Press. This book was released on 2009 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the most recent trends in the constitutional and legal regulations in all Latin American countries regarding the amparo proceeding. It analyzes the regulations of the seventeen amparo statutes in force in Latin America, as well as the regulation on the amparo guarantee established in Article 25 of the American Convention of Human Rights.
Download or read book The Mexican Writ of Amparo and Extraordinary Judicial Remedies Against Official Abuse in the United States a Comparative Analysis written by Carl Edward Schwarz and published by . This book was released on 1974 with total page 1526 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book One Country Two Systems Three Legal Orders Perspectives of Evolution written by Jorge Oliveira and published by Springer Science & Business Media. This book was released on 2009-07-21 with total page 810 pages. Available in PDF, EPUB and Kindle. Book excerpt: “One Country, Two Systems, Three Legal Orders” – Perspectives of Evolution – : Essays on Macau’s Autonomy after the Resumption of Sovereignty by China” can be said, in a short preamble-like manner, to be a book that provides a comprehensive look at several issues regarding public law that arise from, or correlate with, the Chinese apex motto for reunification – One Country, Two Systems – and its implementation in Macau and Hong Kong. Noble and contemporary themes such as autonomy models and fundamental rights are thoroughly approached, with a multilayered analysis encompassing both Western and Chinese views, and an extensive comparative law acquis is also brought forward. Furthermore, relevant issues on international law, criminal law, and historical and comparative evolutions and interactions of different legal s- tems are laid down in this panoramic, yet comprehensive book. One cannot but underline the presence, in the many approaches and comments, of a certain aura of a modern Kantian cosmopolitanism revisitation throughout the work, especially when dealing with the cardinal principle of «One Country, Two Systems», which enabled a peaceful and integral reunification ex vi international law – the Joint Declarations – that ended an external and distant control.
Download or read book Official Gazette written by Philippines and published by . This book was released on 2009-05-18 with total page 602 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Law and Development in Latin America written by Kenneth L. Karst and published by Univ of California Press. This book was released on 2023-11-10 with total page 829 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Constitutional Protection of Human Rights in Latin America written by Allan-Randolph Brewer Carías and published by . This book was released on 2009 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Transformative Constitutionalism in Latin America written by Armin von Bogdandy and published by Oxford University Press. This book was released on 2017-06-16 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: This ground-breaking collection of essays outlines and explains the unique development of Latin American jurisprudence. It introduces the idea of the Ius Constitutionale Commune en América Latina (ICCAL), an original Latin American path of transformative constitutionalism, to an Anglophone audience for the first time. It charts the key developments that have transformed the region and assesses the success of the constitutional projects that followed a period of authoritarian regimes in Latin America. Coined by scholars who have been documenting, conceptualizing, and comparing the development of Latin American public law for more than a decade, the term ICCAL encompasses themes that cross national borders and legal fields, taking in constitutional law, administrative law, general public international law, regional integration law, human rights, and investment law. Not only does this volume map the legal landscape, it also suggests measures to improve society via due legal process and a rights-based, supranational and regionally rooted constitutionalism. The editors contend that with the strengthening of democracy, the rule of law, and human rights, common problems such as the exclusion of wide sectors of the population from having a say in government, as well as corruption, hyper-presidentialism, and the weak normativity of the law can be combatted more effectively in future.
Download or read book The Philippine Government written by and published by PediaPress. This book was released on with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Human Rights Compliant Counterterrorism written by Jayson S. Lamchek and published by Cambridge University Press. This book was released on 2018-12-20 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: A critical take on the convergence of human rights discourse with the counterterrorism agenda revealing its effects on developing countries.
Download or read book Constitutionalism in Asia written by Wen-Chen Chang and published by Bloomsbury Publishing. This book was released on 2014-02-19 with total page 1172 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book of text, cases and materials from Asia is designed for scholars and students of constitutional law and comparative constitutional law. The book is divided into 11 chapters, arranged thematically around key ideas and controversies, enabling the reader to work through the major facets of constitutionalism in the region. The book begins with a lengthy introduction that critically examines the study of constitutional orders in 'Asia', highlighting the histories, colonial influences, and cultural particularities extant in the region. This chapter serves both as a provisional orientation towards the major constitutional developments seen in Asia – both unique and shared with other regions – and as a guide to the controversies encountered in the study of constitutional law in Asia. Each of the following chapters is framed by an introductory essay setting out the issues and succinctly highlighting critical perspectives and themes. The approach is one of 'challenge and response', whereby questions of constitutional importance are posed and the reader is then led, by engaging with primary and secondary materials, through the way the various Asian states respond to these questions and challenges. Chapter segments are accompanied by notes, comments and questions to facilitate critical and comparative analysis, as well as recommendations for further reading.The book presents a representative range of Asian materials from jurisdictions including: Bangladesh, China, Hong Kong, India, Japan, Mongolia, Nepal, Pakistan, South Korea, Sri Lanka , Taiwan, Timor-Leste and the 10 ASEAN states.
Download or read book 2 Books in One Volume Remedial Law Legal Judicial Ethics QQRs 2021 Edition Volume 2 written by Dean Poncevic "Vic" M. Ceballos and published by Ceballos Bar Trends Corp.. This book was released on with total page 62 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book contains QQRs (Quick Quick Reviewers) and SQQRs (Super Quick Quick Reviewers)
Download or read book Asian Yearbook of International Law Volume 15 2009 written by B S Chimini and published by BRILL. This book was released on 2011-12-02 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The civil rights injunction for the protection of fundamental rights written by Allan R. Brewer Carias and published by Ediciones Olejnik. This book was released on 2023-11-24 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book on The Civil Rights Injunction for the protection of Funda-mental Rights. The Latin American «Amparo» Proceeding, is the original version of the text I wrote for the Couse of Lectures I gave, as Adjunct Professor of Law, on a Seminar on Judicial Protection of Fundamental Rights in Latin America: the Amparo Proceeding, at the Columbia Law School in New York, University of Columbia, during the years 2006-2008. The Seminar was intended to examine the most recent trends in the constitutional and legal regulations in all Latin American countries regarding the “amparo” suit, action or recourse– including the old habeas corpus writ and the new habeas data actions or recourses. By means of a comparative constitutional law approach, also with reference to the United States civil rights injunctions, the Course analyzed this Latin American institution departing from the regulation of the “amparo” guarantee established in Article 25 of the 1969 American Convention of Human Rights which entered into force in 1978 after being ratified by all Latin American States. The amparo suit or proceeding is not only an effective judicial means for the restoration of the injured constitutional rights that has been harmed, similar to the reparative or restorative civil rights injunctions in the United States, but it is also the effective judicial means for the protection of such rights and guaranties when threatened to be violated or harmed. This latter amparo suit is then similar to the preventive civil rights injunctions in the United States; “preventive” in the sense of avoiding harm; which, in this case, “seeks to prohibit some discrete act or series of acts from occurring in the future”, and is designed “to avoid future harm to a party by prohibiting or mandating certain behavior to another party”. From this point of view, thus, in a constitutional comparative law approach, the Latin American amparo action or proceeding, is a judicial remedy similar to the civil rights injunctions (restorative or preventive) in the United States". Allan R. Brewer Carías.
Download or read book Unity in Connectivity written by Vitit Muntarbhorn and published by Martinus Nijhoff Publishers. This book was released on 2013-04-15 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Unity in Connectivity? Evolving Human Rights Mechanisms in the ASEAN Region, Vitit Muntarbhorn discusses developments concerning the growth of human rights institutions and processes in the regional space known as the Association of Southeast Asian Nations (ASEAN). Several countries have now set up national human rights commissions. At the regional level, the ASEAN Intergovernmental Commission on Human Rights was established recently. This is complemented by a sectoral body dealing with women’s and children’s rights, and another body dealing with migrant workers. Vitit Muntarbhorn analyses these developments from the angle of key challenges facing the region, the need for more checks and balances, and prospects for more effective protection of human rights. This publication has been facilitated by the Ateneo Human Rights Centre of Ateneo de Manila University, the Philippines.
Download or read book Quiet Genocide written by Etelle Higonnet and published by Routledge. This book was released on 2017-09-08 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Quiet Genocide reviews the legal and historical case that genocide occurred in Guatemala in 1981-1983. It includes the full text of the genocide section of a United Nations sponsored Commission on Historical Clarification in Guatemala (CEH), brokered by the UN. In its final report, the CEH's rigorously reviewed abuses throughout the whole country. However, the memory of the Guatemalan dirty war, which predated the genocide and continued for over a decade of the heightened killing, has rapidly faded from international awareness. The book renders a historical picture of the 1948 Genocide Convention and its unique status in international law. It reminds readers of the difficulty of preventing and punishing genocide as illustrated by the ongoing tragedy of Darfur; anddiscusses the evolution of international and hybrid tribunals to prosecute genocide along with war crimes and crimes against humanity. Then, it sketches a brief history of Guatemala with a focus on genocide It explores how internal and global politics were an expression of structural violence, designed to ensure cheap, abundant, and quiescent Indian labor for coffee planters.a The volume provides the commission's general considerations, legal definitions, methodology, period of analysis, and victim groups, and finds that genocide had been perpetrated against five indigenous Guatemalan groups. By translating the genocide argument of the CEH into English and framing it in a lively, accessible way, this volume recovers the past, sets the record straight, and promotes accountability. This exploratory effort provides insight into the world of transitional justice and truth commissions, and valuable insights about how to engage with the question of genocide in the future. These findings shed light on a crucial and dark chapter of trans-American Cold War history, and will thus be of interest not only to scholars focused on Guatemala, but also on Central America and even more broadly, on the Cold War.
