Download or read book Ponderaci n y discrecionalidad Un debate en torno al concepto y sentido de los principios formales en la interpretaci n constitucional written by Jorge Portocarrero and published by U. Externado de Colombia. This book was released on 2016-08-03 with total page 15 pages. Available in PDF, EPUB and Kindle. Book excerpt: ¿Implica la ponderación de derechos fundamentales pasar del Estado democrático al Estado de la jurisdicción constitucional? ¿Conduce la teoría de los principios a la paradoja de favorecer desmedidamente la realización de los derechos fundamentales, mientras que al mismo tiempo debilita la democracia, sistema político que precisamente dichos derechos requieren para poder ser realizados de manera óptima? Estas preguntas subyacen de manera explícita o implícita a la mayoría de las críticas que han venido siendo dirigidas en contra de la doctrina de la ponderación y de la teoría de los principios en las últimas décadas. Consciente de esta situación, Robert Alexy ha venido desarrollando el concepto de principios formales desde su, para algunos, genérica versión recogida en la Teoría de los derechos fundamentales, pasando por el Epilogo a la teoría de los derechos fundamentales, así como en diversos artículos dirigidos a la problemática de la discrecionalidad y la teoría , de los principios. El devenir de la doctrina de los principios formales en Alexy ha presentado diversos aspectos problemáticos que han motivado debate no solamente por fuera de los confines de la teoría de los principios, sino sobre todo entre sus defensores.
Download or read book Ponderaci n y discrecionalidad written by Jorge Portocarrero and published by Universidad Externado. This book was released on 2016-04-01 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: ¿Implica la ponderación de derechos fundamentales pasar del Estado democrático al Estado de la jurisdicción constitucional? ¿Conduce la teoría de los principios a la paradoja de favorecer desmedidamente la realización de los derechos fundamentales, mientras que al mismo tiempo debilita la democracia, sistema político que precisamente dichos derechos requieren para poder ser realizados de manera óptima? Estas preguntas subyacen de manera explícita o implícita a la mayoría de las críticas que han venido siendo dirigidas en contra de la doctrina de la ponderación y de la teoría de los principios en las últimas décadas. Consciente de esta situación, Robert Alexy ha venido desarrollando el concepto de principios formales desde su, para algunos, genérica versión recogida en la Teoría de los derechos fundamentales, pasando por el Epilogo a la teoría de los derechos fundamentales, así como en diversos artículos dirigidos a la problemática de la discrecionalidad y la teoría , de los principios. El devenir de la doctrina de los principios formales en Alexy ha presentado diversos aspectos problemáticos que han motivado debate no solamente por fuera de los confines de la teoría de los principios, sino sobre todo entre sus defensores.
Download or read book Comparative Multidisciplinary Perspectives on Omnibus Legislation written by Ittai Bar-Siman-Tov and published by Springer Nature. This book was released on 2021-05-27 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first in the world to provide a cross-national, comparative exploration of omnibus legislation. It contributes to the global debate over omnibus legislation and offers comprehensive, thorough and multifaceted coverage that concerns the fields of legislation and legisprudence, comparative law, political science, public policy and economics. Beyond its relevance for these fields, the book will support practitioners in parliaments, governments and courts, thereby impacting the actual use of omnibus legislation. A new, major and controversial reform is enacted in the middle of the night. It is buried in a massive omnibus bill hundreds of pages in length, which is rammed through the legislative process at breakneck speed. The legislators receive the final version of the bill in the very last minute, and protest that they’ve had no opportunity to read it in detail and know what they’re voting upon. The majority party’s legislative leaders, however, are unimpressed, and the law is eventually passed on the basis of strict party discipline. Though it may sound far-fetched, this scenario is all too familiar in many legislatures around the world. The legislative practice of combining numerous unrelated measures in one long bill, which is often passed via a highly expedited process, has become a matter of intense debate and criticism in many countries.
Download or read book Employment in Metropolitan Areas written by United States. Bureau of Labor Statistics and published by . This book was released on 1947 with total page 126 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Revolution in History written by Roy Porter and published by Cambridge University Press. This book was released on 1986-10-09 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fifteen contributors examine the interpretative value of ideas of revolution for explaining historical development within their own speciality. They assess the existing historiography and offer their personal views.
Download or read book The Oxford Handbook of Migration Crises written by Dr. Cecilia Menjívar and published by Oxford University Press. This book was released on 2019-01-16 with total page 752 pages. Available in PDF, EPUB and Kindle. Book excerpt: The objective of The Oxford Handbook of Migration Crises is to deconstruct, question, and redefine through a critical lens what is commonly understood as "migration crises." The volume covers a wide range of historical, economic, social, political, and environmental conditions that generate migration crises around the globe. At the same time, it illuminates how the media and public officials play a major role in framing migratory flows as crises. The volume brings together an exceptional group of scholars from around the world to critically examine migration crises and to revisit the notion of crisis through the context in which permanent and non-permanent migration flows occur. The Oxford Handbook of Migration Crises offers an understanding of individuals in societies, socio-economic structures, and group processes. Focusing on migrants' departures and arrivals in all continents, this comprehensive handbook explores the social dynamics of migration crises, with an emphasis on factors that propel these flows as well as the actors that play a role in classifying them and in addressing them. The volume is organized into nine sections. The first section provides a historical overview of the link between migration and crises. The second looks at how migration crises are constructed, while the third section contextualizes the causes and effects of protracted conflicts in producing crises. The fourth focuses on the role of climate and the environment in generating migration crises, while the fifth section examines these migratory flows in migration corridors and transit countries. The sixth section looks at policy responses to migratory flows, The last three sections look at the role media and visual culture, gender, and immigrant incorporation play in migration crises.
Download or read book Criminal Justice 2000 written by and published by . This book was released on 2000 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Foreign Investment and the Environment in International Law written by Jorge E. Viñuales and published by Cambridge University Press. This book was released on 2012-09-13 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conflicts between foreign investment law and environmental law are becoming increasingly frequent. On the one hand, the rise of environmental regulation poses significant challenges to foreign investors in several industries. On the other, the surge in investment arbitration proceedings is making States aware of the important litigation risks that may result from the adoption of environmental regulation. This study of the relationship between these two areas of law adopts both a policy and a practical perspective. It identifies the major challenges facing States, foreign investors and their legal advisers as a result of the potential friction between investment law and environmental law and provides a detailed analysis of all the major legal issues on the basis of a comprehensive study of the jurisprudence from investment tribunals, human rights courts and bodies, the ICJ, the WTO, the ITLOS, the CJEU and other adjudication mechanisms.
Download or read book Principles of International Economic Law written by Matthias Herdegen and published by Oxford University Press, USA. This book was released on 2013-01-10 with total page 534 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive insight into the legal framework of international economic relations, comprising the law of the World Trade Organization, investment law, and international monetary law, this book highlights the context of human rights, good governance, environmental protection, development, and the role of the G20 and multinationals.
Download or read book The Law of International Responsibility written by James Crawford and published by Oxford University Press. This book was released on 2010-05-20 with total page 1364 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of international responsibility is one of international law's core foundational topics. Written by international experts, this book provides an overview of the modern law of international responsibility, both as it applies to states and to international organizations, with a focus on the ILC's work.
Download or read book Assessing Correctional Rehabilitation written by Francis T. Cullen and published by Createspace Independent Pub. This book was released on 2012-07-17 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt: A theme that has persisted throughout the history of American corrections is that efforts should be made to reform offenders. In particular, at the beginning of the 1900s, the rehabilitative ideal was enthusiastically trumpeted and helped to direct the renovation of the correctional system (e.g., implementation of indeterminate sentencing, parole, probation, a separate juvenile justice system). For the next seven decades, offender treatment reigned as the dominant correctional philosophy. Then, in the early 1970s, rehabilitation suffered a precipitous reversal of fortune. The larger disruptions in American society in this era prompted a general critique of the “state run” criminal justice system. Rehabilitation was blamed by liberals for allowing the state to act coercively against offenders, and was blamed by conservatives for allowing the state to act leniently toward offenders. In this context, the death knell of rehabilitation was seemingly sounded by Robert Martinson's (1974b) influential “nothing works” essay, which reported that few treatment programs reduced recidivism. This review of evaluation studies gave legitimacy to the antitreatment sentiments of the day; it ostensibly “proved” what everyone “already knew”: Rehabilitation did not work. In the subsequent quarter century, a growing revisionist movement has questioned Martinson's portrayal of the empirical status of the effectiveness of treatment interventions. Through painstaking literature reviews, these revisionist scholars have shown that many correctional treatment programs are effective in decreasing recidivism. More recently, they have undertaken more sophisticated quantitative syntheses of an increasing body of evaluation studies through a technique called “meta-analysis.” These meta-analyses reveal that across evaluation studies, the recidivism rate is, on average, 10 percentage points lower for the treatment group than for the control group. However, this research has also suggested that some correctional interventions have no effect on offender criminality (e.g., punishment-oriented programs), while others achieve substantial reductions in recidivism (i.e., approximately 25 percent). This variation in program success has led to a search for those “principles” that distinguish effective treatment interventions from ineffective ones. There is theoretical and empirical support for the conclusion that the rehabilitation programs that achieve the greatest reductions in recidivism use cognitive-behavioral treatments, target known predictors of crime for change, and intervene mainly with high-risk offenders. “Multisystemic treatment” is a concrete example of an effective program that largely conforms to these principles. In the time ahead, it would appear prudent that correctional policy and practice be “evidence based.” Knowledgeable about the extant research, policymakers would embrace the view that rehabilitation programs, informed by the principles of effective intervention, can “work” to reduce recidivism and thus can help foster public safety. By reaffirming rehabilitation, they would also be pursuing a policy that is consistent with public opinion research showing that Americans continue to believe that offender treatment should be an integral goal of the correctional system.
Download or read book Interpretation and Legal Theory written by Andrei Marmor and published by Bloomsbury Publishing. This book was released on 2005-04-25 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a revised and extensively rewritten edition of one of the most influential monographs on legal philosophy published in recent years. Writing in the introduction to the first edition the author characterized Anglophone philosophers as being ..."divided, and often waver[ing] between two main philosophical objectives: the moral evaluation of law and legal institutions, and an account of its actual nature." Questions of methodology have therefore tended to be sidelined, but were bound to surface sooner or later, as they have in the later work of Ronald Dworkin. The main purpose of this book is to provide a critical assessment of Dworkin's methodological turn, away from analytical jurisprudence towards a theory of interpretation, and the issues it gives rise to. The author argues that the importance of Dworkin's interpretative turn is not that it provides a substitute for 'semantic theories of law' (a dubious concept), but that it provides a new conception of jurisprudence, aiming to present itself as a comprehensive rival to the conventionalism manifest in legal positivism. Furthermore, once the interpretative turn is regarded as an overall challenge to conventionalism, it is easier to see why it does not confine itself to a critique of method. Law as interpretation calls into question the main tenets of its positivist rival, in substance as well as method. The book re-examines conventionalism in the light of this interpretative challenge.
Download or read book The Marx Engels Reader written by Karl Marx and published by W. W. Norton. This book was released on 1972 with total page 730 pages. Available in PDF, EPUB and Kindle. Book excerpt: Se muestra tanto la cronología como el desarrollo temático de los dos grandes pensadores. Abarca desde la historia, la sociedad y la economía, hasta la política, la filosofía, y la estrategia y táctica de la revolución social. Se presenta los escritos del joven Marx, las obras que despertaron tanto interés y provocó tanto debate en los últimos años. Se esboza, la estrategia y las tácticas del movimiento revolucionario. Incluye escritos sobre sociedad y política en el siglo XIX, no solo europeos, sino también asiáticos y rusos. Se presenta los últimos escritos de Engels, en los que el marxismo fue popularizado y sistematizado en beneficio de las masas. El lector de Marx-Engels contiene una introducción general interpretativa que rastrea y analiza el desarrollo de la filosofía marxista.
Download or read book Tax Challenges Arising from Digitalisation Interim Report 2018 written by Collectif and published by OECD. This book was released on 2018-05-29 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: This interim report of the OECD/G20 Inclusive Framework on BEPS is a follow-up to the work delivered in 2015 under Action 1 of the BEPS Project on addressing the tax challenges of the digital economy. It sets out the Inclusive Framework’s agreed direction of work on digitalisation and the international tax rules through to 2020. It describes how digitalisation is also affecting other areas of the tax system, providing tax authorities with new tools that are translating into improvements in taxpayer services, improving the efficiency of tax collection and detecting tax evasion.
Download or read book The Constitutional Structure of Proportionality written by Matthias Klatt and published by Oxford University Press on Demand. This book was released on 2012-07-19 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: Proportionality is one of the most important principles in constitutional law, relevant throughout the law and in jurisdictions worldwide. Setting out the 'state of the art' in proportionality doctrine, this book combines theoretical reconstruction with case-law examples, defending and developing the dominant model of proportionality.
Download or read book The Living Constitution written by David A. Strauss and published by Oxford University Press. This book was released on 2010-05-19 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: Supreme Court Justice Antonin Scalia once remarked that the theory of an evolving, "living" Constitution effectively "rendered the Constitution useless." He wanted a "dead Constitution," he joked, arguing it must be interpreted as the framers originally understood it. In The Living Constitution, leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other "originalists," explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anything-goes flexibility caricatured by opponents. The living Constitution is not an out-of-touch liberal theory, Strauss further shows, but a mainstream tradition of American jurisprudence--a common-law approach to the Constitution, rooted in the written document but also based on precedent. Each generation has contributed precedents that guide and confine judicial rulings, yet allow us to meet the demands of today, not force us to follow the commands of the long-dead Founders. Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom of speech. By contrast, originalism suffers from fatal flaws: the impossibility of truly divining original intent, the difficulty of adapting eighteenth-century understandings to the modern world, and the pointlessness of chaining ourselves to decisions made centuries ago. David Strauss is one of our leading authorities on Constitutional law--one with practical knowledge as well, having served as Assistant Solicitor General of the United States and argued eighteen cases before the United States Supreme Court. Now he offers a profound new understanding of how the Constitution can remain vital to life in the twenty-first century.
Download or read book Purposive Interpretation in Law written by Aharon Barak and published by Princeton University Press. This book was released on 2011-10-16 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a comprehensive theory of legal interpretation, by a leading judge and legal theorist. Currently, legal philosophers and jurists apply different theories of interpretation to constitutions, statutes, rules, wills, and contracts. Aharon Barak argues that an alternative approach--purposive interpretation--allows jurists and scholars to approach all legal texts in a similar manner while remaining sensitive to the important differences. Moreover, regardless of whether purposive interpretation amounts to a unifying theory, it would still be superior to other methods of interpretation in tackling each kind of text separately. Barak explains purposive interpretation as follows: All legal interpretation must start by establishing a range of semantic meanings for a given text, from which the legal meaning is then drawn. In purposive interpretation, the text's "purpose" is the criterion for establishing which of the semantic meanings yields the legal meaning. Establishing the ultimate purpose--and thus the legal meaning--depends on the relationship between the subjective and objective purposes; that is, between the original intent of the text's author and the intent of a reasonable author and of the legal system at the time of interpretation. This is easy to establish when the subjective and objective purposes coincide. But when they don't, the relative weight given to each purpose depends on the nature of the text. For example, subjective purpose is given substantial weight in interpreting a will; objective purpose, in interpreting a constitution. Barak develops this theory with masterful scholarship and close attention to its practical application. Throughout, he contrasts his approach with that of textualists and neotextualists such as Antonin Scalia, pragmatists such as Richard Posner, and legal philosophers such as Ronald Dworkin. This book represents a profoundly important contribution to legal scholarship and a major alternative to interpretive approaches advanced by other leading figures in the judicial world.
