Download or read book Derechos sociales constitucionales y democracia written by Morales, Leticia and published by Marcial Pons, Ediciones Jurídicas y Sociales. This book was released on 2015-12-23 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: La presente obra examina el estatus jurídico y moral de los derechos sociales en las sociedades contemporáneas. La autora sostiene que estos derechos deben ser tomados en serio, y protegidos de manera robusta por las instituciones jurídicas, como precondiciones de la democracia. A la pregunta sobre si la protección constitucional robusta de los derechos sociales está justificada en una democracia, ordinariamente se sostiene que hay que elegir entre la supremacía de los tribunales o la superioridad de la asamblea legislativa; pero si se adopta la primera posición habrá que cargar con una disminución en la legitimidad del sistema político por permitir que sean los jueces quienes aseguren los derechos sociales en última instancia, y si se adopta la segunda, el coste consistirá en una mengua en la justicia de las decisiones adoptadas por una mayoría que eventualmente fracasará en la protección de los derechos sociales de todos. La autora considera que este planteamiento en forma de dilema es incorrecto: estar de acuerdo con la importancia de las consideraciones democráticas no implica el rechazo de la protección robusta de los derechos sociales constitucionales. En el libro se argumenta que es viable reconciliar ambas posiciones y aprovechar las fortalezas de cada una para justificar los derechos sociales constitucionales desde la legitimidad democrática. Por ello, incluso para quienes, tomándose en serio los desacuerdos sobre las cuestiones de justicia social, consideran que ellas deberían ser decididas por el órgano legislativo, habría razones para asegurar constitucionalmente los derechos sociales y garantizarlos a través de un mecanismo robusto de control de constitucionalidad.
Download or read book Contesting Austerity written by Anuscheh Farahat and published by Bloomsbury Publishing. This book was released on 2021-07-01 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the different forms of austerity, contestation and resistance, in order to understand how they relate to one another and the impact they have on the democratic quality of public debates, the trust in public institutions and the legitimacy of law. Contestation of austerity includes not only traditional activism strategies such as human rights litigation and direct democracy instruments, but also new forms of collective action and collaborative resistance. Most importantly, many of the new anti-austerity initiatives also aim to renovate existing modes of democratic decision-making on the European, national, regional and local levels. The book focuses on different types of contesting austerity measures and the interaction between institutional and civil society actors. It will enhance understanding of how the various actors frame not only their goal but also the underlying social conflict to contest austerity and through which means they try to achieve political and legal changes. With 16 chapters written by contributors from Spain, Germany, Greece, Portugal and the UK, the book approaches 3 crucial areas of austerity policies: cuts in payment and pensions, labour law reform, and old and new poverty. In each field, the contributors analyse the processes of decision-making and contestation from 3 perspectives: institutions, democratic theory and societal responses.
Download or read book Proportionality and Transformation written by Francisca Pou-Giménez and published by Cambridge University Press. This book was released on 2022-11-03 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book on the theory and practice of proportionality in Latin American constitutional law.
Download or read book Derechos sociales constitucionales y democracia written by Leticia Morales and published by . This book was released on 2015 with total page 383 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 2017-07-21 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 Social Rights and the Constitutional Moment written by Koldo Casla and published by Bloomsbury Publishing. This book was released on 2022-06-02 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chile's constitutional moment began as a popular demand in late 2019. This collection seizes the opportunity of this unique moment to unpack the context, difficulties, opportunities, and merits to enhance the status of environmental and social rights (health, housing, education and social security) in a country's constitution. Learning from Chilean and international experiences from the Global South and North, and drawing on the analysis of both academics and practitioners, the book provides rigorous answers to the fundamental questions raised by the construction of a new constitutional bill of rights that embraces climate and social justice. With an international and comparative perspective, chapters look at issues such as political economy, the judicial enforceability of social rights, implications of the privatisation of public services, and the importance of active participation of most vulnerable groups in a constitutional drafting process. Ahead of the referendum on a new constitution for Chile in the second half of 2022, this collection is timely and relevant and will have direct impact on how best to legislate effectively for social rights in Chile and beyond.
Download or read book Law and Society in Latin America written by Cesar Garavito and published by Routledge. This book was released on 2014-09-04 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past two decades, legal thought and practice in Latin America have changed dramatically: new constitutions or constitutional reforms have consolidated democratic rule, fundamental innovations have been introduced in state institutions, social movements have turned to law to advance their causes, and processes of globalization have had profound effects on legal norms and practices. Law and Society in Latin America: A New Map offers the first systematic assessment by leading Latin American socio-legal scholars of the momentous transformations in the region. Through an interdisciplinary and comparative lens, contributors analyze the central advances and dilemmas of contemporary Latin American law. Among them are pioneering jurisprudence and legal mobilization for the fulfillment of socioeconomic rights in a highly unequal region, the rise of multicultural constitutionalism and legal struggles around identity politics, the globalization of legal education and practice, tensions between developmental policies and environmental justice, and the emergence of a regional human rights system. These and other processes have not only radically altered the institutional landscape of the region, but also produced academic and practical innovations that are of global interest and defy conventional accounts of Latin American law inherited from law-and-development studies. Painting a portrait of the new Latin American legal thought for an international audience, Law and Society in Latin America: A New Map will be of particular interest to students of comparative law, legal mobilization, and Latin American politics.
Download or read book Courts and Social Transformation in New Democracies written by Roberto Gargarella and published by Routledge. This book was released on 2017-03-02 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using case studies drawn from Latin America, Africa, India and Eastern Europe, this volume examines the role of courts as a channel for social transformation for excluded sectors of society in contemporary democracies. With a focus on social rights litigation in post-authoritarian regimes or in the context of fragile state control, the authors assess the role of judicial processes in altering (or perpetuating) social and economic inequalities and power relations in society. Drawing on interdisciplinary expertise in the fields of law, political theory, and political science, the chapters address theoretical debates and present empirical case studies to examine recent trends in social rights litigation.
Download or read book Global Modernity and Social Contestation written by Breno M. Bringel and published by SAGE. This book was released on 2015-01-19 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A new generation of truly global sociology, grappling with the contemporary world through the lenses of critique, contestation, and social movements. A significant contribution." - Göran Therborn, University of Cambridge "This is a truly global and politically challenging book, bringing together top level researchers and sharply tackling its themes. People from every corner of the planet and from all walks in the social sciences will surely profit from reading it." - Carolina Mera, University of Buenos Aires How can we link contemporary social processes – which have typically been theorized in terms of the concept of modernity – with contemporary social movements, conflicts, and mobilizations which aim at social change? This text: links the social theory of modernity to critical theory and to recent class and citizenship politics as well as to identity politics uses concrete social processes to illustrate theoretical discussion with relevant empirical studies and applies theoretical analysis to different interactions, tensions and possibilities to provide an integrated understanding of global modernity and social contestation includes contributions from distinguished international scholars working in sociological theory and modernity, as well as social movement studies and political contestation, with a strong emphasis on global issues This is a key resource for research in both social theory and the sociology of modernity, as well as social movements and social contestation, and readers interested in globalization and global studies.
Download or read book Latin America and Contemporary Modernity written by José Maurício Domingues and published by Routledge. This book was released on 2008-01-21 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, renowned author José Maurício Domingues places Latin America within the third phase of global modern civilization and offers a general theoretical approach to contemporary Latin America. He sees modernity as configured by episodic modernizing moves which, when counting on strong identity and organization as well as clear-cut projects, may assume the aspect of modernizing offensives. Highlighting subjects as law, rights and justice as well as globalization and development, Dominguez places Latin America in the uneven, combined and contradictory development of modern civilization and offers a final assessment of its possibilities and limits. The book will be of interest to researchers and students of modernity, globalization, Latin America, sociological theory and its key concepts.
Download or read book The Balance between Worker Protection and Employer Powers written by Nuno Cerejeira Namora and published by Cambridge Scholars Publishing. This book was released on 2019-01-17 with total page 622 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the most important problems and challenges of the current labour market from the point of view of the balance between the parties of the employment contract. The contributions here are related to various pressing topics, including, for example, the future of work and worker protection on an international level against the strengthening of employers’ powers. In addition, the nature and limits of employers’ power, non-competition contractual clauses and workers’ rights in the face of new communication and information technologies are also discussed. The contributors are drawn from several countries, such as Portugal, Spain, Bolivia, Italy, México and Switzerland. The book will appeal to lawyers, legal experts, human resources experts, economist, judges, academia, and staff from companies and trade unions, and employers’ representation. The volume features insights and contributions in different languages, with chapters in Spanish (12), English (4) and Portuguese (5).
Download or read book Estado laico democracia y derechos fundamentales written by María Teresa Vizcaíno López and published by Lulu.com. This book was released on 2010 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Proportionality in Law written by David Duarte and published by Springer. This book was released on 2018-07-30 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the principle of proportionality, which is currently one of the most important instruments of judicial review, from both analytical and theory of law perspectives. As such, the analysis provided is far more comprehensive and can be applied to all areas of law, not just constitutional law. On the one hand, the volume offers a broad perspective on several aspects related to proportionality, such as its structure, the balancing methodology and the distinction between rules and principles. On the other, it provides an innovative, normativist and analytical approach to proportionality, helping readers understand its structure and behaviour.
Download or read book Revista jur dica de la Universidad Interamericana de Puerto Rico written by and published by . This book was released on 1982 with total page 664 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Right to Political Participation written by Gabriella Citroni and published by Routledge. This book was released on 2022-01-28 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comparative analysis of how judgments from the European Court of Human Rights (ECtHR) and the Inter-American Court of Human Rights (IACtHR) affect political participation and electoral justice at the national level. Looking at specific countries, the work analyses the legal impact the implementation of the ECtHR and the IACtHR judgments has, with a specific focus on cases in which the regional court concerned uses the “democratic argument,” that is, an argument related to democracy and political rights. The reasoning is that, although democracy is a much wider concept, judgments concerning violations of political rights and electoral justice provide reliable indicators to assess the status and sustainability of democracy in a State. Moreover, the analysis of the violations of political rights and electoral justice allows an in-depth comparison between the two regional human rights systems. Mindful of the broader scope of the fall-out generated by the non-implementation of judgments, including in socio-economic terms, the book includes a section exploring how judgments issued by the ECtHR and the IACtHR affect voters’ participation in the countries under their jurisdiction. To this end, an original dataset including the 47 Member States of the Council of Europe and the 20 countries which recognised the adjudicatory jurisdiction of the IACtHR is built. Multidisciplinary in aim and scope of analysis, the book will be an invaluable resource for researchers, academics, and policy-makers working in the areas of constitutional law, international human rights law, and political economy.
Download or read book The EU in the 21st Century written by David Ramiro Troitiño and published by Springer Nature. This book was released on 2020-03-06 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the light of Brexit, the migration crisis, and growing scepticism regarding the European integration process, this book offers a comprehensive overview of the most pressing problems facing the European Union in the 21st century. Written by experts from various disciplines, the contributions cover a wide range of economic, legal, social and political challenges, including populism, migration, Brexit, and EU defence, foreign policy and enlargements. Each paper includes a historical account, insights into the problems and challenges confronting the EU, and an assessment of the institutions and policy instruments applied by the EU in response. Discussing each of the problems as part of a process – including the historical roots, current situation and potential solutions – the book allows readers to gain an understanding of the European Union as a living project.
Download or read book La Revolucion Bolivariana Democratiza Los DD Hh Basicos written by Carlos Gonz Lez Irago and published by Palibrio. This book was released on 2012-01-06 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sobre el libro: La Revolución Bolivariana es un proceso en marcha y está creando colectivamente y democráticamente, paso a paso, golpe a golpe un nuevo modelo de estado. El estado bolivariano es auténtico se fundamenta en la historia, las ideas solidarias de Simón Bolívar y la prioridad de los derechos humanos básicos de "seguridad y subsistencia" de todos los venezolanos sin exclusiones. Es revolucionario primero porque incorpora participativamente a un sector mayoritario de la población -incluyendo a los pobres y a los militares-- que habían sido históricamente marginados y excluidos de la política, la economía y la sociedad. Segundo, porque el nuevo modelo de "Seguridad y Subsistencia" es lo opuesto a su predecesor histórico: el modelo de "Seguridad Nacional" o "Pacto de Punto Fijo." La "Seguridad Nacional" fue impuesta desde los Estados Unidos durante la guerra fría a toda su área de influencia y ha causado estragos: guerras, muertes, torturas y la violación sistemática de los derechos humanos en Venezuela, en Latinoamérica y en muchas partes del mundo. Tercero, porque el modelo bolivariano ofrece una respuesta democrática y solidaria al capitalismo salvaje que propone el neo-liberalismo en la actualidad. Venezuela hoy nos ofrece algo radicalmente diferente, es "la posibilidad optimista" de una democracia nueva, solidaria, soberana, socialista, moderna, no dogmática y por qué no, ecológica.
