Download or read book El derecho penal del enemigo en un estado constitucional written by Leandro Eduardo Astrain Bañuelos and published by . This book was released on 2017 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: El concepto de Derecho Penal del Enemigo hace referencia a un régimen penal de excepción dirigido a un sector de la criminalidad que, dada su peligrosidad, se considera requiere ser combatida con mecanismos aún más drásticos que los contemplados el Derecho penal tradicional, identificado como el del ciudadano, para distinguirlo del de los enemigos. Este régimen de excepción se caracteriza por la disminución de las garantías sustantivas, procesales y ejecutivas de los destinatarios de tal Derecho penal (cuyo prototipo son los miembros de la delincuencia organizada) y se encuentra inmerso en normas contenidas en los propios ordenamientos penales o bien en legislaciones especiales conocidas como de lucha o combate. El término fue acuñado por el penalista alemán Günther Jakobs, quien junto con algunos de sus discípulos han teorizado para justificar la necesidad de un orden penal de tal naturaleza, considerándolo acorde a un Estado de Derecho. En el presente texto se analiza el Derecho Penal del Enemigo, confrontándolo con los principios y valores que sustentan al Estado constitucional de Derecho, y evidenciando su incompatibilidad con tal modelo estatal, tomando como objeto de estudio la realidad jurídica y social que se presenta en el Estado mexicano. Y es que ante una criminalidad más violenta y la incapacidad estatal para controlarla, la sociedad demanda del Estado la implementación de mayores herramientas que permitan combatirla eficazmente, aunque ello implique un relajamiento del edificio conceptual que sustenta al Derecho penal garantista en perjuicio de los gobernados.
Download or read book Exclusion and Forced Migration in Central America written by Carlos Sandoval-García and published by Springer. This book was released on 2017-03-15 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book marks a critical contribution to the intercultural dialogue about immigration. Each year, thousands of Central Americans leave their countries and walk across Mexico, seeking to reach the United States. The author explores the dispossession process that drives these migrants from their homes and argues that they are caught in a kind of trap: forced to emigrate, but impeded to immigrate. This trap is discussed empirically through the analysis of immigration policies implemented by the United States government and ethnographic fieldwork carried out in some of “albergues” (shelters).
Download or read book Criminal law between war and peace written by Stefano Manacorda and published by Ministerio de Justicia. This book was released on 2009 with total page 820 pages. Available in PDF, EPUB and Kindle. Book excerpt: If subjecting war to law is one of the most important legal achievements of the 20th century, progressing further in that direction is one of the most important challenges for the 21st century. The problems it poses are many: the term “war” has formally fallen into disuse and we talk about “peacekeeping”; armies are today the product of cooperation between states and international organizations; private contractors increasingly participate in warlike activities, as the case of the Iraq war demonstrates; and the lines between war and very serious forms of crime (terrorism, organized crime) are increasingly blurred. This volume compiles the contributions presented at XVth International Congress on Social Defence, and tackle the criminal-legal issues raised by these new scenarios. It constitutes an innovative volume, gathering together the work of both academic and military authors, who have drawn on their theoretical and practical experience.
Download or read book Human Rights Behind Bars written by Clara Burbano Herrera and published by Springer Nature. This book was released on 2022-11-14 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together leading authorities from the fields of international human rights law, criminology, legal medicine, and political science with international human rights judges and UN experts to analyze the current situation of detainees in Europe, the Americas and Africa. This comprehensive volume offers a platform for reflecting on the complexity of the prison problem from a multidisciplinary perspective. The authors address detention-related issues with the aim of generating new ideas that contribute to both academic discussion and critical analysis. Academic dialogue across the globe provides insights into various national and international carceral systems and how they deal with human rights behind bars. At the same time, the critical comparison helps to identify basic needs and practices that can work in multiple settings. The contributors are respected experts and leading scholars in their fields, and each has pursued prison and human rights research over the last decades. However, this is the first time that they have come together in a multidisciplinary academic project. This book aims to stimulate diverse actors to imagine alternative ways of engaging with persons deprived of their liberty, in academia and in practice.
Download or read book War Without Quarter written by Human Rights Watch (Organization) and published by Human Rights Watch. This book was released on 1998 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: The laws of war and Colombia
Download or read book Systems and Decision Processes in Management Innovation and Sustainability written by Ernesto León-Castro and published by Springer Nature. This book was released on with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Criminal Liability of Political Decision Makers written by Frank Zimmermann and published by Springer. This book was released on 2017-09-06 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is dedicated to a fundamental conflict in modern states: those persons holding public office are no more than ordinary citizens. Therefore, their activities must – as a matter of principle – be subject to full judicial control. But at the same time, democratically legitimated politicians need some discretion in their decision-making. Allegations of politicians committing criminal offences in office quickly attract a great deal of media attention. Even politicians themselves frequently use such allegations to discredit their political opponents. However, to date this topic has not been fully addressed on an academic level. This book is a first step in this direction. The individual contributions cover topics such as: “bad” political decisions that result in a waste of taxpayers’ money corruption and conflicts of interest in political decision-making immunities and procedural obstacles to the effective prosecution of politicians abuse of criminal law and criminal proceedings in the political arena criminal liability for decisions taken in situations of state emergency the role of criminal law in public opinion. Leading experts examine these and other issues from a comparative perspective.
Download or read book Forbearance as Redistribution written by Alisha Holland and published by Cambridge University Press. This book was released on 2017-06-16 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book explains why and when laws go unenforced in developing countries. It argues that the tolerance of street vending and squatting is a form of informal welfare provision and a more effective means to mobilize the poor than conventional state social policies.
Download or read book Territory written by David Delaney and published by John Wiley & Sons. This book was released on 2008-04-15 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: This short introduction conveys the complexities associated with the term "territory" in a clear and accessible manner. It surveys the field and brings theory to ground in the case of Palestine. A clear and accessible introduction to the complexities associated with the term "territory". Provides an interdisciplinary survey of the many strands of research in the field. Addresses specific areas including interpretations of territorial structures; the relationship between territoriality and scale; the validity and fluidity of territory; and the practical, social processes associated with territorial re-configurations. Stresses that our understanding of territory is inseparable from our understanding of power. Uses Israel/Palestine as an extended illustrative case study. The author’s strong legal and geographical background gives the work an authoritative perspective.
Download or read book Estudios sobre la propuesta pol tica para la convivencia del lehendakari Ibarretxe written by and published by Ivap. This book was released on 2003 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Law and Society in Latin America written by Cesar Rodriguez Garavito and published by Routledge. This book was released on 2014-09-04 with total page 324 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 O ESTADO DEMOCR TICO DE DIREITO E A EVOLU O JUR DICA a quebra de paradigmas frente s necessidades sociais written by Renata Furtado de Barros and published by Lulu.com. This book was released on 2012-06-14 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: A reflexão democrática, em distintas temáticas jurídicas, é o objetivo dessa obra, sempre com o olhar no novo paradigma estatal de proteção e respeito à vontade popular.
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 Femicide written by Jill Radford and published by Twayne Publishers. This book was released on 1992 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an anthology of articles analyzing femicide - the misogynist killing of women by men - in the U.S., U.K., and India. The articles in Part 1 explore the history of femicide, demonstrating that it is as old as patriarchy itself. Part 2 explodes the myth that the home provides a safe haven for women. In Part 3 the complex interactions of racism and femicide are explored, showing that femicide is no respecter of race, class or culture. Part 4 concentrates on media representations of femicide, showing that media generally fail to identify the sexual politics of femicide, and often sympathize with the male murderer at the expense of the female victim. Part 5 looks at the response of the criminal justice system to femicide, while Part 6 discusses the ways in which women have begun to fight back.
Download or read book Memory and Punishment written by Emanuela Fronza and published by Springer. This book was released on 2018-02-27 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the criminalisation of denials of genocide and of other mass atrocities in Europe and discusses the implications of protecting institutional historical memory through criminal law. The analysis highlights the tensions with free speech, investigating the relationship between criminal law and historical memory. The book paves the way for a broader discussion about fake news, ‘post-truth’ scenarios, and free expression in a digital world. The author underscores the need to protect well-founded factual records from the dangers of misinformation. Historical denialism and the related jurisprudence represent a key step in exploring this complex field. The book combines an interdisciplinary approach with criminal law methodology. It is primarily aimed at academics, practitioners and others who wish to deepen their understanding of historical denialism, remembrance laws, ‘speech crimes’ and freedom of expression. Emanuela Fronza is Senior Research Fellow in Criminal Law and Lecturer in International and European Criminal Law at the School of Law, University of Bologna. She is a Principal Investigator within the EU research consortium Memory Laws in European and Comparative Perspectives funded by HERA (Humanities in the European Research Area).
Download or read book Marbury Versus Madison written by Mark A. Graber and published by CQ Press. This book was released on 2002-11-18 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: Combines documents and analytical essays timed for the bicentennial in 2003. It explains the constitutional, political, philosophical background to judicial review, the historical record leading to this landmark case and the impact of the decision since 1803.
Download or read book Derecho penal de la traici n a la patria written by Amando Aquino Britos and published by Ediciones Olejnik. This book was released on 2023-11-01 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: El autor aborda la relación entre el derecho constitucional y el penal, a partir del concepto de traición a la patria, toma el delito de enriquecimiento ilícito como un atentado contra el sistema democrático y estructura una categoría jurídica que define como la “teoría del traidor a la patria” que la diferencia con la llamada teoría del derecho penal del enemigo. Parte del análisis de democracia, estado de derecho, las garantías constitucionales del ciudadano común, las prerrogativas del funcionario público y su situación ante la sociedad y el ordenamiento jurídico vigente. Toma la constitución como premisa y la llamada “teoría de la imputación objetiva del derecho penal” para analizar tal problemática. Desde allí cuestiona una instrumentación estatal de tipo infraconstitucional que no se compadece con los mandatos de nuestro máximo texto legal y que restringen los derechos del hombre común al que se le veda la participación y control de la cosa pública. Propone alternativas para superar el déficit que encuentra entre la constitución y la práctica institucional.
