Download or read book Constitucionalismo derechos fundamentales y desacuerdos written by Santiago Ortega Gomero and published by . This book was released on 2017 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt: La relacion entre la democracia y el pueblo ha sido historicamente comprendida como un problema para las comunidades politicas. No cabe duda de que la democracia ha sido un regimen politico historicamente condenado, pero rehabilitado y replanteado en Occidente desde hace un par de siglos.
Download or read book Institutionalized Reason written by Matthias Klatt and published by Oxford University Press. This book was released on 2012-02-23 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on a symposium held at New College, Oxford in September 2008.
Download or read book Weak Courts Strong Rights written by Mark Tushnet and published by Princeton University Press. This book was released on 2009-07-20 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights, Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. Under "strong-form" judicial review, as in the United States, judicial interpretations of the constitution are binding on other branches of government. In contrast, "weak-form" review allows the legislature and executive to reject constitutional rulings by the judiciary--as long as they do so publicly. Tushnet describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own. With that background, he turns to social welfare rights, explaining the connection between the "state action" or "horizontal effect" doctrine and the enforcement of social welfare rights. Tushnet then draws together the analysis of weak-form review and that of social welfare rights, explaining how weak-form review could be used to enforce those rights. He demonstrates that there is a clear judicial path--not an insurmountable judicial hurdle--to better enforcement of constitutional social welfare rights.
Download or read book Sociological Work written by Howard Saul Becker and published by Transaction Publishers. This book was released on with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: The papers in this volume, including two important and previously unpublished essays on sociological method, represent most of Howard Beckers work of the past twenty years that has not appeared in book form. They reflect the way of thinking about society and how to study it that has established Professor Beckers place among the leading sociologists of our time. Th e result is an important statement of the distinctive theoretical and methodological views associated with the "Chicago School" of sociology, reflecting a deep concern with the study at first hand of the processes and human consequences of collective action and interaction. The first part of the book treats problems of method as problems of social interaction and lists a series of research problems, which require analytic attention-gaining access to research sites, choosing a theoretical framework within which to approach a group or community, avoiding error, and developing hypotheses. They also exemplify this approach by analyzing the interactional aspects of definition, proof with qualitative evidence, bias, and the value commitments of sociology. Part Two illustrates Professor Beckers approach through full reports on two of his major research projects. Part Th ree contains four theoretical statements on how people change (a sociological approach to what psychologists call "personality"), and Part Four makes important contributions to the study of deviance. The papers here ask what we can learn about American society from looking at its common forms of deviance and illustrate the need to study deviance as part of the general study of society, not as an isolated specialty.
Download or read book The New Constitutional Order written by Mark Tushnet and published by Princeton University Press. This book was released on 2009-02-09 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: In his 1996 State of the Union Address, President Bill Clinton announced that the "age of big government is over." Some Republicans accused him of cynically appropriating their themes, while many Democrats thought he was betraying the principles of the New Deal and the Great Society. Mark Tushnet argues that Clinton was stating an observed fact: the emergence of a new constitutional order in which the aspiration to achieve justice directly through law has been substantially chastened. Tushnet argues that the constitutional arrangements that prevailed in the United States from the 1930s to the 1990s have ended. We are now in a new constitutional order--one characterized by divided government, ideologically organized parties, and subdued constitutional ambition. Contrary to arguments that describe a threatened return to a pre-New Deal constitutional order, however, this book presents evidence that our current regime's animating principle is not the old belief that government cannot solve any problems but rather that government cannot solve any more problems. Tushnet examines the institutional arrangements that support the new constitutional order as well as Supreme Court decisions that reflect it. He also considers recent developments in constitutional scholarship, focusing on the idea of minimalism as appropriate to a regime with chastened ambitions. Tushnet discusses what we know so far about the impact of globalization on domestic constitutional law, particularly in the areas of international human rights and federalism. He concludes with predictions about the type of regulation we can expect from the new order. This is a major new analysis of the constitutional arrangements in the United States. Though it will not be received without controversy, it offers real explanatory and predictive power and provides important insights to both legal theorists and political scientists.
Download or read book The Constitution of Deliberative Democracy written by Carlos Santiago Nino and published by Yale University Press. This book was released on 1996-01-01 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this important and wide-ranging book, a leading political theorist and activist considers the question: What justifies democracy? Carlos Santiago Nino critically examines answers others have given and then develops his own distinctive theory of democracy, emphasizing its deliberative character. In Nino's view, democracy resembles a moral conversation and is valued because of its capacity to generate an impartial perspective, one that takes into account the interests of all citizens. Nino's conception of deliberative democracy bears on the way power is organized under a constitution. Drawing on a variety of constitutional traditions, he criticizes the presidential system and calls for citizens to participate more directly in the political life of their country. He also envisions a revitalized role for political parties. Nino shows how deliberative democracy can be combined with, and supported by, other constitutional practices, such as the specific wording of the text and the protection of individual rights. The complex constitution that emerges from his analysis consists of a historical constitution, an ideal constitution of rights, and an ideal constitution of power. Nino's goal is to explain how these three dimensions of constitutionalism can reinforce rather than conflict with each other. In a final chapter, he argues that the deliberative conception of democracy requires a more limited role for judicial review than is usually contemplated.
Download or read book American Military History Volume 1 written by Army Center of Military History and published by . This book was released on 2016-06-05 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: American Military History provides the United States Army-in particular, its young officers, NCOs, and cadets-with a comprehensive but brief account of its past. The Center of Military History first published this work in 1956 as a textbook for senior ROTC courses. Since then it has gone through a number of updates and revisions, but the primary intent has remained the same. Support for military history education has always been a principal mission of the Center, and this new edition of an invaluable history furthers that purpose. The history of an active organization tends to expand rapidly as the organization grows larger and more complex. The period since the Vietnam War, at which point the most recent edition ended, has been a significant one for the Army, a busy period of expanding roles and missions and of fundamental organizational changes. In particular, the explosion of missions and deployments since 11 September 2001 has necessitated the creation of additional, open-ended chapters in the story of the U.S. Army in action. This first volume covers the Army's history from its birth in 1775 to the eve of World War I. By 1917, the United States was already a world power. The Army had sent large expeditionary forces beyond the American hemisphere, and at the beginning of the new century Secretary of War Elihu Root had proposed changes and reforms that within a generation would shape the Army of the future. But world war-global war-was still to come. The second volume of this new edition will take up that story and extend it into the twenty-first century and the early years of the war on terrorism and includes an analysis of the wars in Afghanistan and Iraq up to January 2009.
Download or read book Rule of Law and the Challenges Posed by the Pandemic written by Rainer Arnold and published by Springer Nature. This book was released on 2023-11-22 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rule of law represents the heart of constitutionalism. Public power can only be legitimately exercised if it is based on and complies with the law. The Constitution and its fundamental values – human dignity, freedom and equality – are the ultimate sources of orientation for the rule of law. Domestic rule of law is complemented by its external dimension, the duty to respect international law and, for EU member states, supranational law. For the World Jurist Association, the realization of the Rule of Law has been the central concern since its founding more than 60 years ago. Its biennial world congresses, which bring together leading figures from politics, the judiciary and academia under the presidency of Javier Cremades, focus on the universal importance of the rule of law, which experts from numerous countries discuss on the basis of current problem areas. At the 2021 World Law Congress in Barranquilla, Colombia, one central topic was the tension between combating pandemics and the rule of law. The contributions gathered here examine how this challenge was met in political-legal practice, and the role of constitutional jurisdiction in the process. They analyze and evaluate the legal situation in numerous countries in Europe and Latin America. In addition, they reflect on fundamental issues, such as the concept of the rule of law, its relationship to democracy, its universal character and its implementation via jurisprudence.
Download or read book The Logic of Legal Requirements written by Jordi Ferrer Beltrán and published by OUP Oxford. This book was released on 2012-09-13 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: When a legal rule requires us to drive on the right, notarize our wills, or refrain from selling bootleg liquor, how are we to describe and understand that requirement? In particular, how does the logical form of such a requirement relate to the logical form of other requirements, such as moral requirements, or the requirements of logic itself? When a general legal rule is applied or distinguished in a particular case, how can we describe that process in logical form? Such questions have come to preoccupy modern legal philosophy as its methodology, drawing on the philosophy of logic, becomes ever more sophisticated. This collection gathers together some of the most prominent legal philosophers in the Anglo-American and civil law traditions to analyse the logical structure of legal norms. They focus on the issue of defeasibility, which has become a central concern for both logicians and legal philosophers in recent years. The book is divided into four parts. The first section is devoted to unravelling the basic concepts related to legal defeasibility and the logical structure of legal norms, focusing on the idea that law, or its components, are liable to implicit exceptions, which cannot be specified before the law's application to particular cases. Part two aims to disentangle the main relations between the issue of legal defeasibility and the issue of legal interpretation, exploring the topic of defeasibility as a product of certain argumentative techniques in the law. Section 3 of the volume is dedicated to one of the most problematic issues in the history of jurisprudence: the connections between law and morality. Finally, section 4 of the volume is devoted to analysing the relationships between defeasibility and legal adjudication.
Download or read book Deliberative Democracy written by Jon Elster and published by Cambridge University Press. This book was released on 1998-03-28 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume assesses the strengths and weaknesses of deliberative democracy.
Download or read book Constitucionalismo Colombiano written by Luis Carlos Sáchica and published by . This book was released on 1966 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Legal Foundations of Inequality written by Roberto Gargarella and published by Cambridge University Press. This book was released on 2010-04-12 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: The long revolutionary movements that gave birth to constitutional democracies in the Americas were founded on egalitarian constitutional ideals. They claimed that all men were created equal with similar capacities and also that the community should become self-governing. Following the first constitutional debates that took place in the region, these promising egalitarian claims, which gave legitimacy to the revolutions, soon fell out of favor. Advocates of a conservative order challenged both ideals and favored constitutions that established religion and created an exclusionary political structure. Liberals proposed constitutions that protected individual autonomy and rights but established severe restrictions on the principle of majority rule. Radicals favored an openly majoritarian constitutional organization that, according to many, directly threatened the protection of individual rights. This book examines the influence of these opposite views during the 'founding period' of constitutionalism in countries including the United States, Argentina, Colombia, Chile, Ecuador, Mexico, Peru, and Venezuela.
Download or read book Latin American Constitutionalism 1810 2010 written by Roberto Gargarella and published by . This book was released on 2013-08-29 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study of 200 years of Latin American constitutionalism (1810-2010) both presents a description and a critical analysis of what Latin Americans did with their Constitutions during those years.
Download or read book Normativity and Norms written by Stanley L. Paulson and published by Oxford University Press. This book was released on 1998 with total page 820 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using newly translated papers and some of the best extant writings on Kelsen's theory, this volume covers topics including competing ideas on the nature of law, legal validity, legal powers and the unity of municipal and international law.
Download or read book Playing by the Rules written by Frederick Schauer and published by Clarendon Press. This book was released on 1991-08-22 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a philosophical but non-technical analysis of the very idea of a rule. Although focused somewhat on the role of rules in the legal system, it is also relevant to the place of rules in morality, religion, etiquette, games, language, and family governance. In both explaining the idea of a rule and making the case for taking rules seriously, the book is a departure both in scope and in perspective from anything that now exists.
Download or read book Comparative Constitutional Theory written by Gary Jacobsohn and published by Edward Elgar Publishing. This book was released on 2018-02-23 with total page 549 pages. Available in PDF, EPUB and Kindle. Book excerpt: The need for innovative thinking about alternative constitutional experiences is evident, and readers of Comparative Constitutional Theory will find in its pages a compendium of original, theory-driven essays. The authors use a variety of theoretical perspectives to explore the diversity of global constitutional experience in a post-1989 world prominently marked by momentous transitions from authoritarianism to democracy, by multiple constitutional revolutions and devolutions, by the increased penetration of international law into national jurisdictions, and by the enhancement of supra-national institutions of governance.
Download or read book Indians Oil and Politics written by Allen Gerlach and published by Rowman & Littlefield. This book was released on 2003 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: An attorney and independent scholar, Albuquerque-based Gerlach lived in Peru and Ecuador for several years, and taught at the Centro Andino in Quito. He reviews Ecuador's history during the last half millennium, in particular its evolution during the past 30-plus years following the discovery of oil in the Amazon in the 1960s and subsequent development of the country's oil industry. Gerlach's study demonstrates the increasing interrelations between politics, economics, culture, the environment, finance, and diplomacy in the country. Annotation (c)2003 Book News, Inc., Portland, OR (booknews.com).
