Download or read book Constitutional Reasoning in Latin America and the Caribbean written by Johanna Fröhlich and published by Bloomsbury Publishing. This book was released on 2024-09-05 with total page 615 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the reasoning practice of 15 constitutional courts and supreme courts, including the Caribbean Commonwealth and the Inter-American Court of Human Rights. Enriched by empirical data, with which it strives to contribute to a constructive and well-informed debate, the volume analyses how Latin American courts justify their decisions. Based on original data and a region-specific methodology, the book provides a systematic analysis utilising more than 600 leading cases. It shows which interpretive methods and concepts are most favoured by Latin American courts, and which courts were the most prolific in their reasoning activities. The volume traces the features of judicial dialogue on a regional and sub-regional level and enables the evaluation and comparison of each country's reasoning culture in different epochs. The collection includes several graphs to visualise the changes and tendencies of the reasoning practices throughout time in the region, based on information gathered from the dataset. To better understand the current functioning and the future tendencies of courts in Latin America and the Caribbean, the volume illuminates how constitutional and supreme courts have actually been making their decisions in the selected landmark cases, which could also contribute to future successful litigation strategies for both national constitutional courts and the Inter-American Court for Human Rights. This project was made possible due to the collaboration and funding provided by the Rule of Law Programme for Latin America of the Konrad Adenauer Foundation and the Law School of the University of San Francisco de Quito.

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 Oxford Handbook of Constitutional Law in Latin America written by Conrado Hübner Mendes and published by Oxford University Press. This book was released on 2022 with total page 970 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional law in Latin America embodies a mosaic of national histories, political experiments, and institutional transitions. No matter how distinctive these histories and transitions might be, there are still commonalities that transcend the mere geographical contiguity of these countries. This Handbook depicts the constitutional landscape of Latin America by shedding light on its most important differences and affinities, qualities and drawbacks, and by assessing its overall standing in the global enterprise of democratic constitutionalism. It engages with substantive and methodological conundrums of comparative constitutional law in the region, drawing meaningful comparisons between constitutional traditions. The volume is divided into two main parts. Part I focuses on exploring the constitutions for seventeen jurisdictions, offering a comprehensive country-by-country critique of the historical foundations, institutional architecture, and rights-based substantive identity of each constitution. Part II presents comparative analyses on the most controversial constitutional topics of the region, exploring central concepts in institutions and rights. The Oxford Handbook of Constitutional Law in Latin America is an essential resource for scholars and students of comparative constitutional law, and Latin American politics and history Written by leading experts, it comprehensively examines constitutions, controversies, institutions, and constitutional rights in Latin America.

Download or read book International Investment Law in Latin America Derecho Internacional de las Inversiones en Am rica Latina written by Attila Tanzi and published by BRILL. This book was released on 2016-02-15 with total page 899 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the bilingual volume International Investment Law in Latin America: Problems and Prospects, Attila Tanzi, Alessandra Asteriti, Rodrigo Polanco Lazo and Paolo Turrini provide a regional perspective on one of the liveliest branches of international law by situating it in one of the most dynamic areas of the world. Latin America has always had an ambivalent relationship with international investment law and, more recently, it has been the home of harsh and resolute criticisms, questioning the ultimate legitimacy of the regime. By bringing together distinguished scholars of this legal field, the volume analyses ongoing trends and draws lessons from the Continent’s past experiences while identifying possible solutions to the important challenges it faces. Con el volumen bilingüe Derecho Internacional de las Inversiones en América Latina: Problemas y Perspectivas, Attila Tanzi, Alessandra Asteriti, Rodrigo Polanco Lazo y Paolo Turrini tienen por objetivo proporcionar una perspectiva regional para una de las ramas más vigorosas del derecho internacional, situándola en una de las áreas más dinámicas del mundo. Latinoamérica siempre ha tenido una relación ambivalente con el derecho internacional de inversiones y, más recientemente, ha sido el hogar de duras y decididas críticas en su contra, cuestionando la legitimidad última del régimen. Al reunir a distinguidos estudiosos de este campo legal, tanto de América Latina como de fuera de la región, este volumen analiza esta actual tendencia, extrayendo lecciones de las experiencias pasadas del continente e identificando posibles soluciones a los desafíos importantes que ahora enfrenta.

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 Latin America written by Leslie Bethell and published by Cambridge University Press. This book was released on 1998-06-13 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Cambridge History of Latin America is a large scale, collaborative, multi-volume history of Latin America during the five centuries from the first contacts between Europeans and the native peoples of the Americas in the late fifteenth and early sixteenth centuries to the present. Latin America: Politics and Society since 1930 consists of chapters from Part 2 of Volume VI of The Cambridge History that provide a thorough account of political movements in Latin America. Each chapter is accompanied by a bibliographical essay.

Download or read book New Constitutionalism in Latin America written by Almut Schilling-Vacaflor and published by Routledge. This book was released on 2016-04-29 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: Latin America has a long tradition of constitutional reform. Since the democratic transitions of the 1980s, most countries have amended their constitutions at least once, and some have even undergone constitutional reform several times. The global phenomenon of a new constitutionalism, with enhanced rights provisions, finds expression in the region, but the new constitutions, such as those of Bolivia, Colombia, Ecuador and Venezuela, also have some peculiar characteristics which are discussed in this important book. Authors from a number of different disciplines offer a general overview of constitutional reforms in Latin America since 1990. They explore the historical, philosophical and doctrinal differences between traditional and new constitutionalism in Latin America and examine sources of inspiration. The book also covers sociopolitical settings, which factors and actors are relevant for the reform process, and analyzes the constitutional practices after reform, including the question of whether the recent constitutional reforms created new post-liberal democracies with an enhanced human and social rights record, or whether they primarily serve the ambitions of new political leaders.

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 2017-07-21 with total page 513 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 Comparative Law written by Uwe Kischel and published by Oxford University Press. This book was released on 2019-02-21 with total page 1099 pages. Available in PDF, EPUB and Kindle. Book excerpt: Uwe Kischel's comprehensive treatise on comparative law offers a critical introduction to the central tenets of comparative legal scholarship. The first part of the book is dedicated to general aspects of comparative law. The controversial question of methods, in particular, is addressed by explaining and discussing different approaches, and by developing a contextual approach that seeks to engage with real-world issues and takes a practical perspective on contemporary comparative legal scholarship. The second part of the book offers a detailed treatment of the major legal contexts across the globe, including common law, civil law systems (based on Germany and France, and extended to Eastern Europe, Scandinavia, and Latin America, among others), the African context (with an emphasis on customary law), different contexts in Asia, Islamic law and law in Islamic countries (plus a brief treatment of Jewish law and canon law), and transnational contexts (public international law, European Union law, and lex mercatoria). The book offers a coherent treatment of global legal systems that aims not only to describe their varying norms and legal institutions but to propose a better way of seeking to understand how the overall context of legal systems influences legal thinking and legal practice.

Download or read book The Future of Contract Law in Latin America written by Rodrigo Momberg and published by Bloomsbury Publishing. This book was released on 2017-09-21 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents, analyses and evaluates the Principles of Latin American Contract Law (PLACL), a recent set of provisions aiming at the harmonisation of contract law at a regional level. As such, the PLACL are the most recent exponent of the many proposals for transnational sets of 'principles of contract law' that were drafted or published over the past 20 years, either at the global or the regional level. These include the UNIDROIT Principles of International Commercial Contracts, the Principles of European Contract Law, the (European) Draft Common Frame of Reference and the Principles of Asian Contract Law. The PLACL are the product of a working group comprising legal academics from Argentina, Brazil, Colombia, Chile, Paraguay, Uruguay and Venezuela. The 111 articles of the instrument deal with problems of general contract law, such as formation, interpretation and performance of contracts, as well as remedies for breach. The book aims to introduce the PLACL to an international audience by putting them in their historical and comparative context, including other transnational harmonisation measures and initiatives. The contributions are authored by drafters of the PLACL and contract law experts from Europe and Latin America.

Download or read book Comparative Constitutional Law in Latin America written by Rosalind Dixon and published by Edward Elgar Publishing. This book was released on 2017-06-30 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides unique insights into the practice of democratic constitutionalism in one of the world’s most legally and politically significant regions. It combines contributions from leading Latin American and global scholars to provide ‘bottom up’ and ‘top down’ insights about the lessons to be drawn from the distinctive constitutional experiences of countries in Latin America. In doing so, it also draws on a rich array of legal and interdisciplinary perspectives. Ultimately, it shows both the promise of democratic constitutions as a vehicle for social, economic and political change, and the variation in the actual constitutional experiences of different countries on the ground – or the limits to constitutions as a locus for broader social change.

Download or read book National Union Catalog written by and published by . This book was released on 1983 with total page 1032 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes entries for maps and atlases.

Download or read book The IALL International Handbook of Legal Information Management written by Richard A. Danner and published by Routledge. This book was released on 2016-03-03 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: Around the world, legal information managers, law librarians and other legal information specialists work in many settings: law schools, private law firms, courts, government, and public law libraries of various types. They are characterized by their expertise in working with legal information in its many forms, and by their work supporting legal professionals, scholars, or students training to become lawyers. In an ever-shrinking world and a time of unprecedented technological change, the work of legal information managers is challenging and exciting, calling on specialized knowledge and skills, regardless of where in the world they practice their profession. Their role within legal systems contributes substantially to the administration of justice and the rule of law. This International Handbook addresses the policy and strategic issues with which legal information managers and law librarians need to engage in the context of the diverse legal environments in which they work. It provides resources, analysis, and considered studies on an international basis for seasoned professionals, those about to enter the field, and anyone interested in the evolution of legal information in the twenty-first century.

Download or read book Healthcare rights on trial in Latin America A comparative study written by Rodolfo Gutiérrez Silva and published by Fondo Editorial – Ediciones Universidad Cooperativa de Colombia. This book was released on 2024-04-12 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: A muchos pacientes se les niega el acceso a los servicios de salud y a los medicamentos en América Latina, por lo que los jueces tienen que intervenir. Esta tendencia de judicialización se ha acelerado durante la última década. En un sentido similar, la literatura existente sobre la justiciabilidad y judicialización del derecho a la salud se ocupa de la cuestión de si los jueces deben intervenir o no en la protección del derecho a la salud. Objetivo: Evaluar los desafíos derivados del litigio del Derecho a la Salud en Colombia, Argentina, Brasil y México. Metodología: Marco analítico y metodológico cualitativo, descriptivo y comparativo. Incluye una revisión bibliográfica y 37 entrevistas semiestructuradas a jueces, académicos y funcionarios gubernamentales. Además, se realizó un análisis jurisprudencial de la jurisprudencia más reciente en los 4 países mediante análisis de contenido. Resultados: En los cuatro países estudiados persiste un enfoque moderado orientado a las repercusiones en el litigio y, preocupado por las consecuencias del proceso de judicialización. Esto supone, en primer lugar, la incorporación de algunos límites y condiciones en el reconocimiento del derecho a la salud por parte de los Tribunales y, en segundo lugar, en términos generales, que las sentencias no están teniendo en cuenta las causas estructurales que afectan a la litigiosidad. Conclusiones: Los tribunales deberían avanzar hacia un equilibrio intencional en el reconocimiento, los remedios, la supervisión y la evaluación de las sentencias. Esto implica ser más reflexivos y estratégicos que reactivos y pasivos. En otras palabras, cuanto más inmaduro sea el sistema sanitario y más causas estructurales se perciban, más reflexivos y estratégicos deberían ser los Tribunales y más se debería promover el reconocimiento, la protección, la supervisión y la evaluación. Los Estados también deben adoptar medidas contundentes contra las causas estructurales y deben hacer operativo un enfoque de la salud más práctico y basado en los derechos, de manera tangible.

Download or read book The Cambridge Handbook of Comparative Law written by Mathias Siems and published by Cambridge University Press. This book was released on 2024-01-31 with total page 1362 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative law is a common subject-matter of research and teaching in many universities around the world, and the twenty-first century has aptly been termed 'the era of comparative law'. This Cambridge Handbook of Comparative Law presents a truly global perspective of comparative law today. The contributors are drawn from all parts of the world to provide different perspectives on how we understand the 'law' and how it operates in practice. In substance, the Handbook contains 36 chapters covering a broad range of topics, divided under the following headings: 'Methods of Comparative Law' (Part I), 'Legal Families and Geographical Comparisons' (Part II), 'Central Themes in Comparative Law' (Part III); and 'Comparative Law beyond the State' (Part IV).

Download or read book Global Legal History written by Joshua C. Tate and published by Routledge. This book was released on 2018-12-07 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection brings together a group of international legal historians to further scholarship in different areas of comparative and regional legal history. Authors are drawn from Europe, Asia, and the Americas to produce new insights into the relationship between law and society across time and space. The book is divided into three parts: legal history and legal culture across borders, constitutional experiences in global perspective, and the history of judicial experiences. The three themes, and the chapters corresponding to each, provide a balance between public law and private law topics, and reflect a variety of methodologies, both empirical and theoretical. The volume highlights the gains that may be made by comparing the development of law in different countries and different time periods. The book will be of interest to an international readership in Legal History, Comparative Law, Law and Society, and History.

Download or read book Revista de derecho puertorrique o written by and published by . This book was released on 1967 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: