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Book Neoconstitucionalismo  derechos humanos y pluralismo jur  dico

Download or read book Neoconstitucionalismo derechos humanos y pluralismo jur dico written by and published by . This book was released on 2012 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Weak Courts  Strong Rights

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.

Book The New Constitutional Order

    Book Details:
  • Author : Mark Tushnet
  • Publisher : Princeton University Press
  • Release : 2009-02-09
  • ISBN : 1400825555
  • Pages : 277 pages

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.

Book Evo s Bolivia

    Book Details:
  • Author : Linda C. Farthing
  • Publisher : University of Texas Press
  • Release : 2014-05-01
  • ISBN : 0292758685
  • Pages : 272 pages

Download or read book Evo s Bolivia written by Linda C. Farthing and published by University of Texas Press. This book was released on 2014-05-01 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: An accessible account of Evo Morales's first six years in office, offering analysis of major issues as well as interviews with a wide variety of people, resulting in a valuable primer on Bolivia and Morales's "process of change".

Book Law and Anthropology  International Yearbook for Legal Anthropology

Download or read book Law and Anthropology International Yearbook for Legal Anthropology written by René Kuppe and published by Martinus Nijhoff Publishers. This book was released on 1994-10-27 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Volume 7 of "Law and Anthropology" brings together a collection of studies that discuss legal problems raised by cultural differences between people and the law to which they are subject. This volume developed from the idea that it can be useful to consider current discussions in various legal systems facing issues of cultural difference that cannot be regarded as legal problems related to indigenous societies alone. The book focuses on contradiction between national law and complex and diverse kinship structures, which are essential for the cultural identity of both indigenous groups and cultural minorities. The social construction of gender relations and gender conflicts is an important theme in many essays. Some of the essays examine the area of conflict between cultural practices and universal human rights standards. The demand for cultural rights may collide with human rights standards, especially with the principles of gender equality. This volume will be of great interest to academics and to all those with practical involvement in the field of cultural pluralism. Previously published by VWGO Verlag in Austria, "Law and Anthropology" will be published and distributed by Martinus Nijhoff Publishers from Volume 7 onwards.

Book The Constitution of Deliberative Democracy

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.

Book From the Fat of Our Souls

Download or read book From the Fat of Our Souls written by Libbet Crandon-Malamud and published by Univ of California Press. This book was released on 2023-04-28 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the Fat of Our Souls offers a revealing new perspective on medicine, and the reasons for choosing or combining indigenous and cosmopolitan medical systems, in the Andean highlands. Closely observing the dialogue that surrounds medicine and medical care among Indians and Mestizos, Catholics and Protestants, peasants and professionals in the rural town of Kachitu, Libbet Crandon-Malamud finds that medical choice is based not on medical efficacy but on political concerns. Through the primary resource of medicine, people have access to secondary resources, the principal one being social mobility. This investigation of medical pluralism is also a history of class formation and the fluidity of both medical theory and social identity in highland Bolivia, and it is told through the often heartrending, often hilarious stories of the people who live there. This title is part of UC Press's Voices Revived program, which commemorates University of California Press's mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1991. From the Fat of Our Souls offers a revealing new perspective on medicine, and the reasons for choosing or combining indigenous and cosmopolitan medical systems, in the Andean highlands. Closely observing the dialogue that surrounds medicine and med

Book The Legal Foundations of Inequality

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.

Book Latin American Constitutionalism 1810 2010

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.

Book Locative Media

    Book Details:
  • Author : Rowan Wilken
  • Publisher : Routledge
  • Release : 2014-08-07
  • ISBN : 1134588658
  • Pages : 266 pages

Download or read book Locative Media written by Rowan Wilken and published by Routledge. This book was released on 2014-08-07 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: Not only is locative media one of the fastest growing areas in digital technology, but questions of location and location-awareness are increasingly central to our contemporary engagements with online and mobile media, and indeed media and culture generally. This volume is a comprehensive account of the various location-based technologies, services, applications, and cultures, as media, with an aim to identify, inventory, explore, and critique their cultural, economic, political, social, and policy dimensions internationally. In particular, the collection is organized around the perception that the growth of locative media gives rise to a number of crucial questions concerning the areas of culture, economy, and policy.

Book The Ethics of Human Rights

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

Book The Urban Village

Download or read book The Urban Village written by Alberto Magnaghi and published by Zed Books. This book was released on 2005-10 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: A practical manifesto for how cities can respond to the pressures of globalization

Book Advanced Location Based Technologies and Services

Download or read book Advanced Location Based Technologies and Services written by Hassan A. Karimi and published by CRC Press. This book was released on 2016-04-19 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the publication of the first edition in 2004, advances in mobile devices, positioning sensors, WiFi fingerprinting, and wireless communications, among others, have paved the way for developing new and advanced location-based services (LBSs). This second edition provides up-to-date information on LBSs, including WiFi fingerprinting, mobile computing, geospatial clouds, geospatial data mining, location privacy, and location-based social networking. It also includes new chapters on application areas such as LBSs for public health, indoor navigation, and advertising. In addition, the chapter on remote sensing has been revised to address advancements.

Book The Geospatial Web

    Book Details:
  • Author : Arno Scharl
  • Publisher : Springer Science & Business Media
  • Release : 2009-02-28
  • ISBN : 1846288274
  • Pages : 296 pages

Download or read book The Geospatial Web written by Arno Scharl and published by Springer Science & Business Media. This book was released on 2009-02-28 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume emphasizes the applications and implications of the Geospatial Web and the role of contextual knowledge in shaping the emerging network society. There is a clear focus on applied geospatial aspects. The book has contributions from a very active research community. Containing chapters from renowned researchers and practitioners, this volume will be invaluable to all interested in this field.

Book The Oxford Handbook of American Political Development

Download or read book The Oxford Handbook of American Political Development written by Richard M. Valelly and published by Oxford University Press. This book was released on 2016-09-15 with total page 898 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scholars working in or sympathetic to American political development (APD) share a commitment to accurately understanding the history of American politics - and thus they question stylized facts about America's political evolution. Like other approaches to American politics, APD prizes analytical rigor, data collection, the development and testing of theory, and the generation of provocative hypotheses. Much APD scholarship indeed overlaps with the American politics subfield and its many well developed literatures on specific institutions or processes (for example Congress, judicial politics, or party competition), specific policy domains (welfare policy, immigration), the foundations of (in)equality in American politics (the distribution of wealth and income, race, ethnicity, gender, class, and sexual and gender orientation), public law, and governance and representation. What distinguishes APD is careful, systematic thought about the ways that political processes, civic ideals, the political construction of social divisions, patterns of identity formation, the making and implementation of public policies, contestation over (and via) the Constitution, and other formal and informal institutions and processes evolve over time - and whether (and how) they alter, compromise, or sustain the American liberal democratic regime. APD scholars identify, in short, the histories that constitute American politics. They ask: what familiar or unfamiliar elements of the American past illuminate the present? Are contemporary phenomena that appear new or surprising prefigured in ways that an APD approach can bring to the fore? If a contemporary phenomenon is unprecedented then how might an accurate understanding of the evolution of American politics unlock its significance? Featuring contributions from leading academics in the field, The Oxford Handbook of American Political Development provides an authoritative and accessible analysis of the study of American political development.