Download or read book An Introduction to the History of Mexican Law written by Guillermo Floris Margadant S. and published by . This book was released on 1983 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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 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 Statehood and Self Determination written by Duncan French and published by Cambridge University Press. This book was released on 2013-02-21 with total page 585 pages. Available in PDF, EPUB and Kindle. Book excerpt: This detailed and timely examination of fundamental issues of statehood and recognition, self-determination and the rights of indigenous peoples includes analysis of some of the most controversial examples of disputed territorial status, including Kosovo and the Palestinian Authority.

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 Matemax English Spanish Edition written by ALICIA. SABIA DICKENSTEIN (JUAN.) and published by American Mathematical Soc.. This book was released on 2020-07-28 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: MATEMAX is a bilingual schoolbook of mathematical problems written with the premise that one of the fundamental ways of learning mathematics, in addition to being one of the goals of the subject, is to solve problems. The book is designed for children and young teens and aims to teach mathematics in an entertaining way. Problems are based on familiar everyday situations, and helpful hints guide students to develop strategies before diving into calculations, leading to practice in abstract thinking, an essential feature of mathematics. Presented in both English and Spanish it also provides equal access to students, parents and teachers with facility in either or both languages. An online supplement is available upon request at [email protected]. This companion book provides complete solutions, alternative methods and additional suggestions to complement the short answers contained in the book. In addition, while problems are arranged in the book as they appear naturally in life, the companion text connects the mathematical tools with standard curricula. Here is a sampling of those pages. MATEMAX es un libro escolar bilingüe de problemas matemáticos escrito bajo la premisa de que una de las formas fundamentales de aprender matemática, además de ser uno de los objetivos de la asignatura, es resolver problemas. El libro está diseñado para niños y adolescentes y tiene como objetivo enseñar matemática de una manera entretenida. Los problemas se basan en situaciones cotidianas familiares, y sugerencias útiles guían a los estudiantes para desarrollar estrategias antes de sumergirse en los cálculos, lo que lleva a la práctica del pensamiento abstracto, una característica esencial de la matemática. Presentado tanto en inglés como en español, también proporciona un acceso igual a estudiantes, padres y maestros con facilidad en uno o ambos idiomas. Un suplemento en línea está disponible a pedido en [email protected]. Este libro acompañante proporciona soluciones completas, métodos alternativos y sugerencias adicionales para complementar las respuestas cortas contenidas en el libro. Además, mientras que los problemas están ubicados en el libro como aparecen naturalmente en la vida, el texto complementario conecta las herramientas matemáticas con los planes de estudio estándar. Aquí hay una muestra de esas páginas.

Download or read book A New World of Gold and Silver written by John J. TePaske and published by BRILL. This book was released on 2010-10-15 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: Colonial Latin America was famed for the precious metals plundered by the conquistadores and the gold and silver extracted from its mines. Historians and economists have attempted to determine the amount of bullion produced and its impact on the colonies themselves and the emerging early-modern world economy. Using official tax and mintage records, this book provides decade-by-decade and often annual data on the amount of gold and silver officially refined and coined in the treasury and mint districts of Spanish and Portuguese America. It also places American bullion output within the context of global production and addresses the issue of contraband production and bullion smuggling. The book is thus an invaluable source for evaluating the rise of the early-modern economy.

Download or read book The Burdens of Empire written by Anthony Pagden and published by Cambridge University Press. This book was released on 2015-03-16 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: The entire course of modern Western history has been shaped by the rise and fall of the great European empires. The Burdens of Empire examines different aspects of this long history, focusing on how political theorists, jurists, historians and others sought to explain what an empire is and to justify its very existence.

Download or read book New Worlds written by John Lynch and published by Yale University Press. This book was released on 2012-06-26 with total page 582 pages. Available in PDF, EPUB and Kindle. Book excerpt: This extraordinary book encompasses the time period from the first Christian evangelists' arrival in Latin America to the dictators of the late twentieth century. With unsurpassed knowledge of Latin American history, John Lynch sets out to explore the reception of Christianity by native peoples and how it influenced their social and religious lives as the centuries passed. As attentive to modern times as to the colonial period, Lynch also explores the extent to which Indian religion and ancestral ways survived within the new Christian culture.The book follows the development of religious culture over time by focusing on peak periods of change: the response of religion to the Enlightenment, the emergence of the Church from the wars of independence, the Romanization of Latin American religion as the papacy overtook the Spanish crown in effective control of the Church, the growing challenge of liberalism and the secular state, and in the twentieth century, military dictators' assaults on human rights. Throughout the narrative, Lynch develops a number of special themes and topics. Among these are the Spanish struggle for justice for Indians, the Church's position on slavery, the concept of popular religion as distinct from official religion, and the development of liberation theology.

Download or read book International Humanitarian Law and Human Rights Law written by Roberta Arnold and published by BRILL. This book was released on 2008-07-31 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book addresses the current issue of the applicability and application of international human rights law and international humanitarian law in times of armed conflict. Scholars chronologically argued that only international humanitarian law was applicable, that both legal regimes were applicable, and eventually that international humanitarian law was the lex specialis of human rights law. The most recent trend is to state that international humanitarian law and human rights law are merging into a single set of rules, a proposition that is the focus of the investigations carried out in this book. The book examines general issues relating to applicability and the implementation of the two legal regimes as well as provides case studies focusing on specific rights or persons. [The cover of this publication displays a patchwork symbolizing the merger between international humanitarian law and human rights. Neither the publisher nor the editors intended the design to reproduce the protected Red Cross emblem. Any resemblance to the Red Cross emblem is purely coincidental]

Download or read book Refuge from Inhumanity War Refugees and International Humanitarian Law written by David Cantor and published by Martinus Nijhoff Publishers. This book was released on 2014-07-10 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contributes to a long-standing but ever topical debate about whether persons fleeing war to seek asylum in another country – ‘war refugees’ – are protected by international law. It seeks to add to this debate by bringing together a detailed set of analyses examining the extent to which the application of international humanitarian law (IHL) may usefully advance the legal protection of such persons. This generates a range of questions about the respective protection frameworks established under international refugee law and IHL and, specifically, the potential for interaction between them. As the first collection to deal with the subject, the eighteen chapters that make up this unique volume supply a range of perspectives on how the relationship between these two separate fields of law may be articulated and whether IHL may contribute to providing refuge from the inhumanity of war.

Download or read book Colour of Paradise written by Kris E. Lane and published by Yale University Press. This book was released on 2010-03-30 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: Among the magnificent gems and jewels left behind by the great Islamic empires, emeralds stand out for their size and prominence. For the Mughals, Ottomans, and Safavids green was—as it remains for all Muslims—the color of Paradise, reserved for the Prophet Muhammad and his descendants. Tapping a wide range of sources, Kris Lane traces the complex web of global trading networks that funneled emeralds from backland South America to populous Asian capitals between the sixteenth and the eighteenth centuries. Lane reveals the bloody conquest wars and forced labor regimes that accompanied their production. It is a story of trade, but also of transformations—how members of profoundly different societies at opposite ends of the globe assigned value to a few thousand pounds of imperfectly shiny green rocks.

Download or read book Academic Rebels in Chile written by Ivan Jaksic and published by State University of New York Press. This book was released on 1989-07-03 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many philosophers have been appointed to top-level political positions during Chile's modern history. What makes Chilean philosophers unique in the context of Latin America and beyond, is that they have developed a sophisticated rationale for both their participation and withdrawal from politics. All along, philosophers have grappled with fundamental problems such as the role of religion and politics in society. They have also played a fundamental role in defining the nature and aims of higher education. The philosophers' production constitutes a substantial, albeit largely unknown, portion of the intellectual history of Chile and Latin America. This book describes in detail the evolution of philosophical work in Chile, and pays close attention to the relationship between philosophical activity and contemporary social and political events. Various Chilean philosophical sources are discussed for the first time in the literature on Chilean ideas. The work of such intellectuals as Andres Bello, Valentin Letelier, Enrique Molina, Jorge Millas, Juan Rivano, Juan de Dios Vial Larrain, and many others is examined in relation to the principal political and educational issues of their time. The book also develops a distinction between the two main currents of Chilean philosophy, namely, a "professionalist" current that seeks the independence of the field from social and political involvements, and a "critical" current that seeks to relate philosophical activity to national realities.

Download or read book Refugees from Armed Conflict written by Vanessa Holzer and published by . This book was released on 2015-08-31 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Armed conflicts are a major cause of forced displacement, but people displaced by conflict are often not recognized as refugees under the 1951 Convention Relating to the Status of Refugees. They are frequently considered as having fled from generalized violence rather than from persecution. This book determines the international meaning of the refugee definition in Article 1A(2) of the Convention as regards refugee protection claims related to situations of armed conflict in the country of origin. Although the human rights based interpretation of the refugee definition is widely accepted, the interpretation and application of the Convention as regards claims to refugee status that relate to armed conflict is often marred with difficulties. Moreover, contexts of armed conflict pose the question of whether and to what extent the refugee definition should be interpreted in light of international humanitarian law. This book identifies the potential and limits of this interpretative approach. Starting from the history of international refugee law, the book situates the 1951 Convention within the international legal framework for the protection of the individual in armed conflict. It examines the refugee definition in light of human rights, international humanitarian law, and international criminal law, focusing on the elements of the refugee definition that most benefit from this interpretative approach: persecution and the requirement that the refugee claimant's predicament must be causally linked to the race, religion, nationality, and/or membership of a particular social group or political opinion. (Series: International Law - Vol. 15) [Subject: International Law, Humanitarian Law, Human Rights Law, Criminal Law]