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 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 Lawsuits and Litigants in Castile 1500 1700 written by Richard L. Kagan and published by . This book was released on 1981 with total page 298 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 ndice de Estado de Derecho en M xico 2020 2021 written by The World Justice Project and published by . This book was released on 2021-04-28 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: El Índice ofrece datos organizados en ocho factores que enmarcan el concepto de Estado de Derecho: 1) Límites al poder gubernamental, 2) Ausencia de corrupción, 3) Gobierno abierto, 4) Derechos fundamentales, 5) Orden y seguridad, 6) Cumplimiento regulatorio, 7) Justicia civil, y 8) Justicia penal. En conjunto, los resultados del Índice de Estado de Derecho en México 2020-2021 evidencian un estancamiento en el progreso del país hacia un Estado de Derecho robusto, con cambios marginales en los puntajes generales desde la última edición del Índice. Los puntajes de los ocho factores se desagregan en 42 sub-factores, los cuales reflejan las perspectivas y experiencias de más de 25,000 personas en todo el país, más de 2,300 especialistas en justicia civil, justicia penal, justicia laboral y salud pública (a quienes se entrevistó entre julio y octubre de 2020), así como resultados de una multiplicidad de encuestas y bases de datos de otras instituciones reconocidas en estos temas (fuentes terciarias).

Download or read book The Ethics of Human Rights written by Carlos Santiago Nino and published by Oxford University Press, USA. This book was released on 1991 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: 4.2. The Liberal Retreat

Download or read book Insurance Regulation in North America written by Bradly J. Condon and published by Kluwer Law International B.V.. This book was released on 2003-01-01 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: The intersection of insurance regulation and trade agreements is of obvious significance to international competitiveness and, thereby, to national welfare. Yet until this masterful study the subject has remained virtually unexplored. Insurance Regulation in North America, far from merely addressing this important area of theory and practice, superbly balances a world of detailed analysis and commentary with deeply insightful interpretation and debate. The book's focus on insurance regulation in three countries allows the authors to approach the subject in an extraordinary depth that could not be achieved in a more global account. In the course of their treatment the authors offer the reader the following invaluable insights, among many others:analysis of the political dimension of reaching agreements and of implementing them;comparison of the three major trade agreements that apply in the North American insurance market'NAFTA, WTO agreements on financial services, and MEUFTA (the Mexico-European Union Free Trade Agreement)'with emphasis on the relationship between GATS and NAFTA principles;investigation of the clear convergence of regulatory schemes and the probable limits to harmonization;discussion of the arbitrage by which companies get around regulatory restrictions and exploit opportunities created by loopholes;clarification of the crucial issues surrounding the role of customary international law principles in investor protection obligations;discussion of the level of government and which government agencies a company must turn to in order to satisfy legal requirements;analysis of the jurisprudence of the Supreme Court of Mexico regarding legal effects of treaties on domestic law;commentary on the effects of demutualization and of mergers and acquisitions;discussion of the effect of the entrenchment of U.S. State regulations and the federal government's lack of clear power to force State compliance; anddescription of dispute settlement procedures between governments. Although important issues arising in each of the three countries are all covered, there is an emphasis on the Mexican market in recognition of Mexico's greater future growth potential and of the relative paucity of relevant literature in English. Major case studies that reveal processes of compliance or conflict are analyzed in detail. For insurance professionals'lawyers, business executives, and policymakers'who want to understand what international trade agreements contain, how they work, and how they affect domestic insurance regulation and business strategy in what is rapidly becoming a global market for insurance and other financial services, this book is a gold mine. Scholars and academics in insurance law and international economic law will also find here a fresh new treatise of great significance.

Download or read book The Works of Alexander Pope Esq written by Alexander Pope and published by . This book was released on 1764 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Works of Alexander Pope written by Alexander Pope and published by . This book was released on 1824 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Global Lessons from the AIDS Pandemic written by Bradly J. Condon and published by Springer Science & Business Media. This book was released on 2008-07-22 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: We began to research for this book in 2000, with the idea that we might contribute to the search for solutions to the global HIV/AIDS pandemic by c- bining perspectives from different disciplines. Much has happened in the interv- ing years. First, the severity of the HIV/AIDS pandemic in sub-Saharan Africa – and the threat it posed for many others regions of the world – led to a movement among several countries to correct the imbalance between producers and users of ph- maceutical products. This effort produced a clarification of the right of gove- ments to produce generic medicine under compulsory licenses and an amendment of the World Trade Organization’s TRIPS Agreement to allow exports of generic medicines from one WTO Member to another. In 2007, the amended rules were put into practice, with Canada authorizing the export of generic antiretroviral drugs to Rwanda. However, at the same time, global patent laws have been undermined due to regulatory capture, most notably in free trade agreements and through political pressure on countries like Thailand to not to exercise their right to issue compulsory licenses for pharmaceutical products. Second, the amount of money available for the treatment and prevention of HIV/AIDS has increased dramatically, with the establishment of the World Bank Multi-Country HIV/AIDS Program for Africa (MAP), the Global Fund to Fight AIDS, Tuberculosis and Malaria and the US President’s Emergency Plan for AIDS Relief (PEPFAR), among other funding initiatives.

Download or read book MICAI 2002 Advances in Artificial Intelligence written by Carlos Coello Coello and published by Springer. This book was released on 2003-08-01 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book constitutes the refereed proceedings of the Second Mexican International Conference on Artificial Intelligence, MICAI 2002, held in Mérida, Yucatán, Mexico in April 2002. The 56 revised full papers presented were carefully reviewed and selected from more than 85 submissions from 17 countries. The papers are organized in topical sections on robotics and computer vision, heuristic search and optimization, speech recognition and natural language processing, logic, neural networks, machine learning, multi-agent systems, uncertainty management, and AI tools and applications.

Download or read book Progress in Pattern Recognition Image Analysis and Applications written by Alberto Sanfeliu and published by Springer Science & Business Media. This book was released on 2004-10-15 with total page 720 pages. Available in PDF, EPUB and Kindle. Book excerpt: First of all, we want to congratulate two new research communities from M- ico and Brazil that have recently joined the Iberoamerican community and the International Association for Pattern Recognition. We believe that the series of congresses that started as the “Taller Iberoamericano de Reconocimiento de Patrones (TIARP)”, and later became the “Iberoamerican Congress on Pattern Recognition (CIARP)”, has contributed to these groupconsolidatione?orts. We hope that in the near future all the Iberoamerican countries will have their own groups and associations to promote our areas of interest; and that these congresses will serve as the forum for scienti?c research exchange, sharing of - pertise and new knowledge, and establishing contacts that improve cooperation between research groups in pattern recognition and related areas. CIARP 2004 (9th Iberoamerican Congress on Pattern Recognition) was the ninthinaseriesofpioneeringcongressesonpatternrecognitionintheIberoam- ican community. As in the previous year, CIARP 2004 also included worldwide participation. It took place in Puebla, Mexico. The aim of the congress was to promote and disseminate ongoing research and mathematical methods for pattern recognition, image analysis, and applications in such diverse areas as computer vision, robotics, industry, health, entertainment, space exploration, telecommunications, data mining, document analysis,and natural languagep- cessing and recognition, to name a few.

Download or read book Historia de la Propiedad Comunal written by Rafael Altamira y. Crevea and published by Wentworth Press. This book was released on 2019-02-20 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Download or read book The Birnbaum Saunders Distribution written by Victor Leiva and published by Academic Press. This book was released on 2015-10-26 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Birnbaum-Saunders Distribution presents the statistical theory, methodology, and applications of the Birnbaum-Saunders distribution, a very flexible distribution for modeling different types of data (mainly lifetime data). The book describes the most recent theoretical developments of this model, including properties, transformations and related distributions, lifetime analysis, and shape analysis. It discusses methods of inference based on uncensored and censored data, goodness-of-fit tests, and random number generation algorithms for the Birnbaum-Saunders distribution, also presenting existing and future applications. - Introduces inference in the Birnbaum-Saunders distribution - Provides a comprehensive review of the statistical theory and methodology of the Birnbaum-Distribution - Discusses different applications of the Birnbaum-Saunders distribution - Explains characterization and the lifetime analysis

Download or read book Connecting to Global Markets written by Marion Jansen and published by World Trade Organization. This book was released on 2014 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Developing countries and emerging economies have played an ever-expanding role in world trade flows in recent decades but they still face a number of constraints in connecting to global markets. In this volume, members of the WTO's academic network in developing countries - the WTO Chairs Programme - identify major challenges in their respective countries and how to overcome them. The chair-holders originally presented their case studies at the WTO's Annual Conference of the Chairs Programme and the Global Review of Aid for Trade in July 2013. Their contributions have been collected together in this volume to provide a comprehensive picture of the challenges of connecting to global markets.