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 T cnicas de litigaci n oral y argumentaci n en juicio written by Frank Almanza and published by Ediciones Olejnik. This book was released on 2023-11-09 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: En el estudio de las técnicas básicas de litigación oral, en las diferentes etapas de su aplicación vamos a encontrarnos con reglas, pautas o criterios, ya sean establecidos por el propio Código Procesal o por la necesidad de cumplir con una estrategia predeterminada. Sea en uno u otro caso, estos criterios deben cumplirse para poder desarrollar de la mejor manera cada una de las etapas propias de la litigación oral; desde un buen alegato de apertura, hasta un buen contrainterrogatorio, por ejemplo. En el contexto de la aplicación del nuevo Código Procesal Penal, la aplicación de la teoría del caso debe de ser una de las labores más importantes que puede realizarse. A lo largo del juicio oral, ninguna decisión a tomarse se puede hacer de forma inteligente a menos que se tenga una idea clara de las fortalezas y debilidades de su caso. Por lo tanto, el desarrollo de una teoría viable es el primer paso para llevar a cabo un juicio exitoso. Recuerde que un juicio no es una presentación de cada hecho y cada argumento legal remotamente posible; el juicio es un conjunto de versiones de lo que ha ocurrido; es decir, cada parte llega a juicio con una historia que contar, con una propuesta hecha al juez de cómo es que pudieron llevarse a cabo los hechos que en el proceso intenta dilucidar. Así, el ganador será aquel que mejor cuente su historia de los hechos y logre convencer al juez de que esa es la versión correcta. Y para que el juez crea mi versión de los hechos, esta tiene que tener, sobre todas las cosas, una característica muy puntual: «Consistencia». La consistencia de nuestra posición será el resultado de un trabajo estratégico y anterior a la audiencia; la improvisación o confianza en la intuición, en ninguna instancia darán buenos resultados. El nuevo proceso al ser un proceso audaz, oral y contradictorio, hará fracasar a aquella parte que pretenda inventar o improvisar en alguna audiencia.

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 Cracking the code written by UNESCO and published by UNESCO Publishing. This book was released on 2017-09-04 with total page 82 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report aims to 'crack the code' by deciphering the factors that hinder and facilitate girls' and women's participation, achievement and continuation in science, technology, engineering and mathematics (STEM) education and, in particular, what the education sector can do to promote girls' and women's interest in and engagement with STEM education and ultimately STEM careers.

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 Manual de litigaci n oral written by Ivan P. Guevara Vasquez and published by Ediciones Olejnik. This book was released on 2023-12-08 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Si la política fue definida alguna vez como el arte y la ciencia de gobernar, la litigación también puede ser definida en ese sentido; esto es, como el arte y la ciencia de litigar en un proceso o causa judicial. Eso es efectivamente la litigación oral en estos días. Su importancia resulta trascendental en momentos de cambio o tránsito de modelo procesal penal; esto es, en lo específico, del modelo inquisitivo mixto al modelo acusatorio garantista (llamado también acusatorio adversarial). No siendo la litigación oral precisamente un concurso de oratoria ni algo por el estilo, el nuevo sistema procesal penal, anclado en la publicidad y oralidad correspondiente, requiere de una técnica, como es concretamente la litigación oral, la misma que sin la publicidad del caso no tiene mucho sentido que digamos, pues un sistema oral cerrado en la privacidad del sumario no se diferencia mucho del sistema escrito, al cambiarse tan sólo de medio y no así de finalidad. En esa medida, el sistema procesal le da sentido a la litigación oral si y sólo si se garantiza la publicidad dentro de dicho sistema". Iván Pedro Guevara Vásquez.

Download or read book Meeting at Grand Central written by Lee Cronk and published by Princeton University Press. This book was released on 2013 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Meeting at Grand Central brings together insights from evolutionary biology, political science, economics, anthropology, and other fields to explain how the interactions between our evolved selves and the institutional structures we have created make cooperation possible. The book begins with a look at the ideas of Mancur Olson and George Williams, who shifted the question of why cooperation happens from an emphasis on group benefits to individual costs. It then explores how these ideas have influenced our thinking about cooperation, coordination, and collective action. The book persuasively argues that cooperation and its failures are best explained by evolutionary and social theories working together. Selection sometimes favors cooperative tendencies, while institutions, norms, and incentives encourage and make possible actual cooperation."--Publisher's website.

Download or read book A New roadmap for the Man and the Biosphere MAB Programme and its World Network of Biosphere Reserves written by UNESCO and published by UNESCO Publishing. This book was released on 2017-03-20 with total page 53 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book A Genius Planet written by Ludger Hovestadt and published by Birkhäuser. This book was released on 2017-07-24 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Imagine a world where the power is always on, where there is not just enough energy, but an abundance of it. Such a world is no Utopia, it is a possible reality. Using indefinitely available sources of energy – especially photovoltaic solar, in combination with others – and networking this energy, much in the way that we have networked information, we can get beyond our current energy ‘crisis’ and resolve it. The world we then find ourselves in is not a world without problems – we will face new challenges on the way – but in terms of energy it is a world of plenty. Rooted in sound theory and based on technology that is available now, A Genius Planet offers an accessible but detailed and insightful perspective on how we can free ourselves from our dependency on natural resources and generate, trade, and use energy in ways that open up the genuine potential that we have at our disposal today.

Download or read book Global Community written by Akira Iriye and published by Univ of California Press. This book was released on 2002-07-06 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: The "global community" is a term we take for granted today. But how did the global community, both as an idea and as a reality, originate and develop over time? This book examines this concept by looking at the emergence, growth, and activities of international organizations--both governmental and nongovernmental--from the end of the nineteenth century to today. Akira Iriye, one of this country's most preeminent historians, proposes a significant rereading of the history of the last fifty years, suggesting that the central influence on the international scene in this period was not the Cold War, but rather a deepening web of international interactions. This groundbreaking book, the first systematic study of international organizations by a historian, moves beyond the usual framework for studying international relations--politics, war, diplomacy, and other interstate affairs--as it traces the crucial role played by international organizations in determining the shape of the world today. Iriye's sweeping discussion of international organizations around the world examines multinational corporations, religious organizations, regional communities, transnational private associations, environmental organizations, and other groups to illuminate the evolution and meaning of the global community and global consciousness. While states have been preoccupied with their own national interests such as security and prestige, international organizations have been actively engaged in promoting cultural exchange, offering humanitarian assistance, extending developmental aid, protecting the environment, and championing human rights. In short, they have made important contributions to making the world a more interdependent and peaceful place. This book, tracing the development of the global community in a truly innovative way, will win a wide readership among those interested in understanding the growing phenomenon of globalization and its meaning for us today. Global Community is based on Iriye's Jefferson lectures at the University of California, Berkeley.

Download or read book Patents Human Rights and Access to Science written by Aurora Plomer and published by Edward Elgar Publishing. This book was released on 2015-10-30 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: The new millennium has been described as ‘the century of biology’, but scientific progress and access to medicines has been marred by global disputes over ownership of the science by universities and private companies. This book examines the challenges posed by the modern patent system to the right of everyone to access the benefits of science in international law. Aurora Plomer retraces the genesis and evolution of the key Articles in the UN system (Article 27 UDHR and Article 15 ICESCR). She combines the historiography of these Articles with a novel perspective on the moral foundations of rights of access to science to draw out implications for today’s controversies on patents in the life-sciences. The analysis suggests that access to science as a fundamental right requires both freedom from political and religious interference and the existence of enabling research institutions and educational facilities which promote the flow of knowledge through transparent and open structures. From this perspective, the global patent system is shown to fail spectacularly when it comes to the human rights ideal of universal access to science. The book concludes that a fundamental restructuring of patent institutions is required, in which democratic oversight of patent policies would ensure meaningful realization of the right of everyone to access the benefits of science. Students and scholars of international law, particularly those focusing on intellectual property and human rights, will find this book to be of considerable interest. It will also be of use to practitioners in the field.

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 The Creation of Inequality written by Kent Flannery and published by Harvard University Press. This book was released on 2012-05-15 with total page 646 pages. Available in PDF, EPUB and Kindle. Book excerpt: Flannery and Marcus demonstrate that the rise of inequality was not simply the result of population increase, food surplus, or the accumulation of valuables but resulted from conscious manipulation of the unique social logic that lies at the core of every human group. Reversing the social logic can reverse inequality, they argue, without violence.

Download or read book The Parliament of Man written by Paul Kennedy and published by Vintage. This book was released on 2007-09-04 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Parliament of Man is the first definitive history of the United Nations, from one of America's greatest living historians.Distinguished scholar Paul Kennedy, author of the bestselling The Rise and Fall of Great Powers, gives us a thorough and timely account that explains the UN's roots and functions while also casting an objective eye on its effectiveness and its prospects for success in meeting the challenges that lie ahead. Kennedy shows the UN for what it is: fallible, human-based, often dependent on the whims of powerful national governments or the foibles of individual administrators—yet also utterly indispensable. With his insightful grasp of six decades of global history, Kennedy convincingly argues that "it is difficult to imagine how much more riven and ruinous our world of six billion people would be if there had been no UN."

Download or read book Adventures in the Anthropocene written by Gaia Vince and published by Milkweed Editions. This book was released on 2014-10-20 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: A science journalist travels the world to explore humanity’s ecological devastation—and its potential for renewal in this “compelling read” (Guardian, UK). We live in times of profound environmental change. According to a growing scientific consensus, the dramatic results of man-made climate change have ushered the world into a new geological era: the Anthropocene, or Age of Man. As an editor at Nature, Gaia Vince couldn’t help but wonder if the greatest cause of this dramatic planetary change—humans’ singular ability to adapt and innovate—might also hold the key to our survival. To investigate this provocative question, Vince travelled the world in search of ordinary people making extraordinary changes to the way they live—and, in many cases, finding new ways to thrive. From Nepal to Patagonia and beyond, Vince journeys into mountains and deserts, forests and farmlands, to get an up close and personal view of our changing environment. Part science journal, part travelogue, Adventures in the Anthropocene recounts Vince’s journey, and introduces an essential new perspective on the future of life on Earth.