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 Constituent Power and the Law written by Joel I. Colon-Rios and published by . This book was released on 2020 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the relationship between constituent power and the law, and the place of the former in constitutional history, drawing from constitutional theory beyond the Anglo-American sphere, with new material made available for the first time to English readers.

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 264 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 Constitutional Questions in Latin America and Peru written by César Landa and published by Cambridge Scholars Publishing. This book was released on 2024-06-26 with total page 547 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book delves into constitutional essays focused on Latin America, with a particular emphasis on Peru. It explores legal theories surrounding the development of human rights, rooted in constitutional pluralism. Drawing from the insights gathered by organizations within the Inter-American Human Rights System, notably the Court and the Commission, this examination extends to its impact on local judicial bodies, including the Judiciary and notably the Constitutional Court. These efforts aim to protect traditional civil and political rights alongside social rights. However, the work also addresses the ongoing challenge of safeguarding emerging rights, such as fundamental digital and environmental rights, while bolstering protections for vulnerable populations like migrants and the LGBTQ+ community. By adopting a holistic approach, the book aspires to serve as a valuable resource for academics, experts, students, and professionals engaged in the study and practice of Latin American Constitutionalism.

Download or read book Quasi Constitutionality and Constitutional Statutes written by Richard Albert and published by Routledge. This book was released on 2019-04-01 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the interstices among statutory enactment, constitutional convention and formal constitution in which quasi-constitutionality exists. It provides a focal resource that can serve as a point of reference for scholars interested in quasi-constitutionality as a whole, from national and transnational perspectives, expanding on its many forms, functions, and applications with recourse to comparative insights. The book is divided in three main Parts, each of them preceded by a separate critical introduction in which an informed scholar contextualizes the chapters and offers reflections on the themes they develop. The first Part, titled 'Forms', is composed of chapters that address, from a theoretical and comparative perspective, questions related to the recognition of constitutional statutes and quasi-constitutional legislation. The second Part is titled 'Functions', and contains chapters that explore the explanatory power of quasi-constitutionality in different institutional contexts. The third Part, titled 'Applications', considers the ways in which constitutional statutes and quasi-constitutionality operate in relation to particular tensions and debates present in various jurisdictions.

Download or read book The Anxiety of the Jurist written by Claudio Michelon and published by Routledge. This book was released on 2016-04-01 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributions in this volume pay homage to Zenon Bańkowski, with a focus on problems concerning law’s normalization and the revitalizing force of anxiety. Ranging from political critique to methodological issues and from the role of human rights in development to the role of parables and analogy in legal reasoning, the contributions themselves are testament to the richness of Bańkowski’s scholarship, as well as to the applicability of his core ideas to a wide range of issues. Divided into five parts, the book focuses on the role and methods of the jurist; conceptions of legality and the experience of living under rules; jurisprudential issues affecting exchange and the market; and the burden and methods of legal judgement. It also includes Bańkowski’s 2011 valedictory lecture and a bibliography of his work. Comprising all original contributions, the contributors represent a balance of established, leading figures and younger, emerging scholars in the field of legal and social theory.

Download or read book Populism and Contemporary Democracy in Europe written by Josep Maria Castellà Andreu and published by Springer Nature. This book was released on 2022-04-12 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive analysis of the impact of populism on the European democratic polity. In the last two decades, European democracies have come under strain amid growing populism. By asserting the superiority of the majority over the law, of direct democracy over representation, and claiming the necessity to defend national sovereignty against foreign interferences, the populist conception of democracy is in stark contrast with the longstanding Western notion of liberal democracy. This volume investigates populist attempts to radically change what Bobbio called the “rules of the game” of democracy from an eminently legal perspective. Weaving together normative and empirical analysis, the contributions focus on the institutions that have suffered the most from the rise of populism as well as those that have better resisted the populist tide. Special attention will be paid to the Venice Commission’s opinions and documents, as they represent the best European standards to evaluate the extent to which populism deviates from constitutional democracy requirements. The book also considers the responses of European States to the explosion of the COVID-19 pandemic. The COVID-19 pandemic has indeed been an accelerator of known and studied trends in most constitutional systems, such as the concentration of powers in the executive hands and the consequential loss of parliament's centrality. Various forms of populism across Europe have thus found an ideal breeding ground to implement their agenda of granting the executive broad regulatory and decision-making powers while loosening parliamentary and judicial checks. Against this backdrop, the book analyses how European democracies should adapt to the challenges posed by the pandemic, as this reflection can help respond to populist threats and propose a way forward for liberal democracy.

Download or read book Essays in Honor of Professor Stephen T Zamora written by Alfonso Lopez de la Osa Escribano and published by Arte Publico Press. This book was released on 2022-04-30 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of Stephen T. Zamora’s former students entered law school with little idea about his future direction. He was fortunate to have a class on contracts with Zamora, Sten Gustafson writes, because “after that first year with him, my path became clear.” The professor made a topic intriguing that could easily be esoteric and tedious, and “opened my eyes to a career path that I could not have imagined otherwise.” This collection of 19 academic essays honors the memory of Dr. Stephen T. Zamora, the Leonard B. Rosenberg Professor of Law at the University of Houston Law Center, who died unexpectedly in 2016. An international authority in the field, Zamora’s areas of expertise were international trade and investments, international banking, conflicts of laws, international economic relations, Mexican law and US-Mexico relations. In addition, he was the driving force behind the establishment of the Center for U.S. and Mexican Law, the only one of its kind at a US law school. Written by colleagues and friends, the scholarly articles included in this volume reflect Zamora’s commitment to Mexican law, education and the promotion of US-Mexico cooperation. Topics such as regulating lawyers and legal education, environmental issues and dispute settlement are covered, and articles include “Economic Sovereignty and Oil and Gas Law,” “What Should Immigration Law Become?” and “Freer Trade between the United States and the European Union?” Through this collection, Zamora’s contemporaries aim to expand his legacy and continue his life-long work as an educator, attorney and uniter of peoples.

Download or read book Fair Reflection of Society in Judicial Systems A Comparative Study written by Sophie Turenne and published by Springer. This book was released on 2015-07-20 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses one central question: if justice is to be done in the name of the community, how far do the decision-makers need to reflect the community, either in their profile or in the opinions they espouse? Each contributor provides an answer on the basis of a careful analysis of the rules, assumptions and practices relating to their own national judicial system and legal culture. Written by national experts, the essays illustrate a variety of institutional designs towards a better reflection of the community. The involvement of lay people is often most visible in judicial appointments at senior court level, with political representatives sometimes appointing judges. They consider the lay involvement in the judicial system more widely, from the role of juries to the role of specialist lay judges and lay assessors in lower courts and tribunals. This lay input into judicial appointments is explored in light of the principle of judicial independence. The contributors also critically discuss the extent to which judicial action is legitimised by any ‘democratic pedigree’ of the judges or their decisions. The book thus offers a range of perspectives, all shaped by distinctive constitutional and legal cultures, on the thorny relationship between the principle of judicial independence and the idea of democratic accountability of the judiciary.

Download or read book The Militant Democracy Principle in Modern Democracies written by Markus Thiel and published by Routledge. This book was released on 2016-02-17 with total page 475 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection provides an up-to-date analysis of key country approaches to Militant Democracy. Featuring contributions from some of the key people working in this area, including Mark Tushnet and Helen Irving, each chapter presents a stocktaking of the legal measures to protect the democracy against its enemies within. In addition to providing a description of the country's view of Militant Democracy and the current situation, it also examines the legal and political provisions to defend the democratic structure against attacks. The discussion also presents proposals for the development of the Militant Democracy principle or its alternatives in policy and legal practice. In the final chapter the editor compares the different arrangements and formulates a minimum consensus as to what measures are indispensable to protect a democracy. Highly topical, this book is a valuable resource for students, academics and policy-makers concerned with democratic principles.

Download or read book Construyendo la democracia en sociedades posconflicto written by Dinorah Azpuru de Cuestas and published by IDRC. This book was released on 2007 with total page 635 pages. Available in PDF, EPUB and Kindle. Book excerpt: En los aos 90, Guatemala y El Salvador firmaron acuerdos de paz integrales que pusieron fin a d(r)cadas de un sangriento conflicto interno. Ambos acuerdos de paz OCoas como el proceso de construccin de paz que le siguiOCo han tenido un impacto en el concepto tradicional de paz, ya que fueron pioneros en lo que son consideradas operaciones de paz de segunda generacin, multidisciplinarias (que van mis alli del cese al fuego). Uno de los objetivos principales de los acuerdos de paz y el proceso de construccin de paz, era fortalecer los incipientes procesos democriticos en el per odo del posconflicto. Mis de una d(r)cada ha transcurrido desde que los acuerdos fueron suscritos. En ambos casos la democracia electoral o pol tica ha logrado mantenerse vigente y el sistema pol tico ha tenido una apertura. Los combatientes armados en ambos pa ses han ahora formado sus propios partidos pol ticos, han participado en elecciones y han obtenido puestos en el Congreso. Sin embargo, muchos problemas persisten y la democracia dista de estar consolidada. La democratizacin en ambas sociedades, se ve confrontada con muchos problemas antiguos y por nuevos desaf os. Sin duda alguna la paz ha tenido un impacto en la democratizacin, pero algunas ireas han avanzado mis que otras y algunas pueden haberse incluso estancado. Existen diversos estudios individuales acerca de los procesos de negociacin e implementacin de la paz en Guatemala y El Salvador. Sin embargo, se ha escrito muy poco desde una perspectiva comparada. Ademis, se han llevado a cabo pocos anilisis integrales acerca del desarrollo democritico reciente en esos pa ses. En este libro, dos equipos de investigacin utilizan nueva informacin y t(r)cnicas mltiples de investigacin comparada para presentar un perfil actualizado del proceso de democratizacin en ambos pa ses y una evaluacin de la interaccin existente entre la paz y la democratizacin."

Download or read book Dismantling Democracy in Venezuela written by Allan R. Brewer-Carías and published by Cambridge University Press. This book was released on 2010-09-20 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the process of dismantling the democratic institutions and protections in Venezuela under the Hugo Chávez regime. The actions of the Chávez government have influenced similar processes and undemocratic manoeuvrings in Ecuador, Bolivia, and Honduras. Since the election of Hugo Chávez as president of Venezuela in 1998, a sinister form of nationalistic authoritarianism has arisen at the expense of long-established democratic standards. During the past decade, the 1999 Venezuelan Constitution has been systematically attacked by all branches of the Chávez government, particularly by the Supreme Tribunal of Justice, which has legitimized the Chávez-ordered constitutional violations. The Chávez regime has purposely defrauded the Constitution and severely restricted representative government, all in the name of a supposedly participatory democracy controlled by a popularly supported central government. This volume illustrates how an authoritarian, nondemocratic government has been established in Venezuela.

Download or read book Constitutional Law in Venezuela written by Allan R. Brewer-Carías and published by Kluwer Law International B.V.. This book was released on 2023-08-20 with total page 637 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Venezuela provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Venezuela will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.

Download or read book Anti Drug Policies in Colombia written by Alejandro Gaviria and published by Vanderbilt University Press. This book was released on 2021-04-30 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: Forty years after the declaration of the "war on drugs" by President Nixon, the debate on the effectiveness and costs of the ban is red-hot. Several former Latin American presidents and leading intellectuals from around the world have drawn attention to the ineffectiveness and adverse consequences of prohibitionism. This book thoroughly analyzes the drug policies of one of the main protagonists in this war. The book covers many topics: the economics of drug production, the policies to reduce consumption and decrease supply during the Plan Colombia, the effects of the drug problem on Colombia's international relations, the prevention of money laundering, the connection between drug trafficking and paramilitary politics, and strategies against organized crime. Beyond the diversity in topics, there is a common thread running through all the chapters: the need to analyze objectively what works and what does not, based on empirical evidence. Presented here for the first time to an English-speaking audience, this book is a contribution to a debate that urgently needs to transcend ideology and preconceived opinions.

Download or read book Democracy in Mexico written by Pablo González Casanova and published by New York : Oxford University Press. This book was released on 1970 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Realizing Human Rights written by NA NA and published by Springer. This book was released on 2016-09-27 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the dawn of a new era, this book brings together leading activists, policy-makers and critics to reflect upon fifty years of attempts to improve respect for human rights. Authors include President Jimmy Carter, who helped inject human rights concerns into US policy; Wei Jingsheng, who struggled to do so in China; Louis Henkin, the modern "father" of international law, and Richard Goldstone, the former chief prosecutor for the Yugoslav and Rwandan war crimes tribunals. A half-century since the adoption of the Universal Declaration of Human Rights the time is right to assess how policies and actions effect the realization of human rights and to point to new directions and challenges that lie ahead. A must have for everyone in the human rights community and the broader foreign policy community as well as the reader who is increasingly aware of the visibility of human rights concerns on the public stage.

Download or read book Constitutional Law in Spain written by Agustín Ruiz Robledo and published by Kluwer Law International B.V.. This book was released on 2023-04-20 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Spain provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Spain will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.