Download or read book El rol del juez constitucional en el constitucionalismo transformador latinoamericano written by Jorge Ernesto Roa Roa and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Spanish abstract: Este artículo sostiene que el modelo de constitucionalismo transformador tiene una visión sobre el tipo, rol y diseño de los sistemas de justicia. En primer lugar, el poder judicial debe ser del tipo fuerte pero dialógico. En segundo lugar, los jueces deben, por una parte, promover las transformaciones sociales cuando también lo hacen los demás poderes del Estado. Por otra parte, los jueces deben defender los cambios sociales cuando las otras ramas del poder tienen una agenda regresiva. En tercer lugar, el diseño de los sistemas de justicia debe ser el más abierto y cercano a los ciudadanos. El objetivo es contar con un poder judicial que enfrente, dentro de sus límites, los desafíos que representan los diferentes problemas sociales, políticos y económicos de América Latina mediante avances en la construcción del Estado de bienestar.
Download or read book El papel del juez transformador en Brasil written by Patrícia Perrone Campos Mello and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Spanish Abstract: El presente artículo parte de las concepciones de constitucionalismo transformador y de Ius Constitutionale Commune en América Latina (ICCAL), con el fin de responder a dos preguntas: 1.- ¿Existe un constitucionalismo transformador en desarrollo en Brasil? 2.- ¿El constitucionalismo transformador y el ICCAL pueden contribuir a la experiencia constitucional brasileña? En respuesta a tales preguntas, el trabajo expone el carácter parcialmente transformador del constitucionalismo en Brasil. Demuestra que tal constitucionalismo carece de un diálogo con la Corte IDH y con los demás tribunales de los países latinoamericanos. Por fin, sostiene que la adhesión de las cortes brasileñas al ICCAL es importante, no sólo para el avance en cuestiones de derechos fundamentales, democracia y estado de derecho, sino también para la resiliencia contra el retroceso en estos mismos temas.
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 Law Morality and Judicial Reasoning written by Thomas Bustamante and published by Springer Nature. This book was released on with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 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 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 Democratizing Constitutional Law written by Thomas Bustamante and published by Springer. This book was released on 2016-04-19 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume critically discusses the relationship between democracy and constitutionalism. It does so with a view to respond to objections raised by legal and political philosophers who are sceptical of judicial review based on the assumption that judicial review is an undemocratic institution. The book builds on earlier literature on the moral justification of the authority of constitutional courts, and on the current attempts to develop a system on “weak judicial review”. Although different in their approach, the chapters all focus on devising institutions, procedures and, in a more abstract way, normative conceptions to democratize constitutional law. These democratizing strategies may vary from a radical objection to the institution of judicial review, to a more modest proposal to justify the authority of constitutional courts in their “deliberative performance” or to create constitutional juries that may be more aware of a community’s constitutional morality than constitutional courts are. The book connects abstract theoretical discussions about the moral justification of constitutionalism with concrete problems, such as the relation between constitutional adjudication and deliberative democracy, the legitimacy of judicial review in international institutions, the need to create new institutions to democratize constitutionalism, the connections between philosophical conceptions and constitutional practices, the judicial review of constitutional amendments, and the criticism on strong judicial review.
Download or read book Comparative Constitutional Law written by Tom Ginsburg and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 681 pages. Available in PDF, EPUB and Kindle. Book excerpt: This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.
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 AutoCAD Electrical 2016 Black Book written by Gaurav Verma and published by CreateSpace. This book was released on 2015-04-24 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: The AutoCAD Electrical 2016 Black Book, the second edition of AutoCAD Electrical Black books, has lots of new features and examples as compared to previous edition. Following the same strategy as for the previous edition, the book is written to help professionals as well as learners in performing various tedious jobs in Electrical control designing. The book follows a step by step methodology. The book covers use of right tool at right places. The book covers almost all the information required by a learner to master the AutoCAD Electrical. The book starts with basics of Electrical Designing, goes through all the Electrical controls related tools and ends up with practical examples of electrical schematic and panel designing. Chapter on Reports makes you comfortable in creating and editing electrical component reports. This edition also discusses the interoperability between Autodesk Inventor and AutoCAD Electrical which is need of industry these days. Some of the salient features of this book are : In-Depth explanation of concepts Every new topic of this book starts with the explanation of the basic concepts. In this way, the user becomes capable of relating the things with real world. Topics Covered Every chapter starts with a list of topics being covered in that chapter. In this way, the user can easy find the topic of his/her interest easily. Instruction through illustration The instructions to perform any action are provided by maximum number of illustrations so that the user can perform the actions discussed in the book easily and effectively. There are about 1000 illustrations that make the learning process effective. Tutorial point of view The book explains the concepts through the tutorial to make the understanding of users firm and long lasting. Each chapter of the book has tutorials that are real world projects. Project Free projects and exercises are provided to students for practicing. For Faculty If you are a faculty member, then you can ask for video tutorials on any of the topic, exercise, tutorial, or concept.
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 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 Fundamentals of Metal Casting written by Richard Aloysius Flinn and published by . This book was released on 1963 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Developing Innovation Systems written by Mario Cimoli and published by Routledge. This book was released on 2013-09-05 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mexico provides a case study of a cornerstone economy in the development of the hemospheric free trade zone in the Americas, an adjusting economy which has been integrated into uneven economies (Canada and the US). This volume examines the Mexican economy and its attempt to develop an innovation system, providing an example of the dynamics that are of concern to evolutionary economists.
Download or read book Foundations of Intelligent Systems written by Ning Zhong and published by Springer. This book was released on 2003-10-22 with total page 721 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains the papers selected for presentation at the 14th International Symposium on Methodologies for Intelligent Systems, ISMIS 2003, held in Maebashi City, Japan, 28–31 October, 2003. The symposium was organized by the Maebashi Institute of Technology in co-operation with the Japanese Society for Artificial Intelligence. It was sponsored by the Maebashi Institute of Technology, Maebashi Convention Bureau, Maebashi City Government, Gunma Prefecture Government, US AFOSR/AOARD, the Web Intelligence Consortium (Japan), Gunma Information Service Industry Association, and Ryomo Systems Co., Ltd. ISMIS is a conference series that was started in 1986 in Knoxville, Tennessee. Since then it has been held in Charlotte (North Carolina), Knoxville (Tennessee), Turin (Italy), Trondheim (Norway), Warsaw (Poland), Zakopane (Poland), and Lyon (France). The program committee selected the following major areas for ISMIS 2003: active media human-computer interaction, autonomic and evolutionary computation, intelligent agent technology, intelligent information retrieval, intelligent information systems, knowledge representation and integration, knowledge discovery and data mining, logic for artificial intelligence, soft computing, and Web intelligence.
Download or read book Social and Political Foundations of Constitutions written by Denis J. Galligan and published by Cambridge University Press. This book was released on 2013-10-14 with total page 693 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume analyses the social and political forces that influence constitutions and the process of constitution making. It combines theoretical perspectives on the social and political foundations of constitutions with a range of detailed case studies from nineteen countries. In the first part leading scholars analyse and develop a range of theoretical perspectives, including constitutions as coordination devices, mission statements, contracts, products of domestic power play, transnational documents, and as reflection of the will of the people. In the second part these theories are examined through in-depth case studies of the social and political foundations of constitutions in countries such as Egypt, Nigeria, Japan, Romania, Bulgaria, New Zealand, Israel, Argentina and others. The result is a multidimensional study of constitutions as social phenomena and their interaction with other social phenomena.
