Download or read book Argumentaci n constitucional written by Manuel Atienza and published by Porrua Hermanos. This book was released on 2011-01-01 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reflexiones de diversos autores que versan sobre la teoría y la práctica de la argumentación jurídica constitucional, se analizan sentencias del Tribunal Electoral, relativas a temas como el ejercicio de los derechos electorales en comunidades indígenas y la vida interna de los partidos políticos, así como de la Suprema Corte de Justicia de la Nación en materia de acciones de inconstitucionalidad.

Download or read book Fundamentals of Legal Argumentation written by Eveline T. Feteris and published by Springer. This book was released on 2017-07-10 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an updated and revised edition of Fundamentals of Legal Argumentation published in 1999. It discusses new developments that have taken place in the past 15 years in research of legal argumentation, legal justification and legal interpretation, as well as the implications of these new developments for the theory of legal argumentation. Almost every chapter has been revised and updated, and the chapters include discussions of recent studies, major additions on topical issues, new perspectives, and new developments in several theoretical areas. Examples of these additions are discussions of recent developments in such areas as Habermas' theory, MacCormick's theory, Alexy's theory, Artificial Intelligence and law, and the pragma-dialectical theory of legal argumentation. Furthermore it provides an extensive and systematic overview of approaches and studies of legal argumentation in the context of legal justification in various legal systems and countries that have been important for the development of research of legal argumentation. The book contains a discussion of influential theories that conceive the law and legal justification as argumentative activity. From different disciplinary and theoretical angles it addresses such topics as the institutional characteristics of the law and the relation between general standards for moral discussions and legal standards such as the Rule of Law. It discusses patterns of legal justification in the context of different types of problems in the application of the law and it describes rules for rational legal discussions. The combination of the sound basis of the first edition and the discussions of new developments make this new edition an up-to-date and comprehensive survey of the various theoretical influences which have informed the study of legal argumentation. It discusses salient backgrounds to this field as well as major approaches and trends in the contemporary research. It surveys the relevant theoretical factors both from various continental law traditions and common law countries.

Download or read book Argumentaci n jur dica interpretaci n constitucional e integraci n del derecho written by Edgar José Moya Millán and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book La argumentaci n en la justicia constitucional written by Francisco Javier Ezquiaga Ganuzas and published by . This book was released on 2013 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Debate constitucional written by Luis Fernando Torres and published by . This book was released on 2010 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Constitutional Argument and Institutional Structure in the United States written by Nicholas Papaspyrou and published by Bloomsbury Publishing. This book was released on 2018-03-22 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt: US constitutional jurisprudence often conflates two distinct enquiries: how to interpret the Constitution and how to allocate interpretive authority. This book explains the distinct role of judgements about interpretive authority in constitutional practice. It argues that these judgements do not determine what qualifies as good constitutional argument, and cannot substitute for it. Rather, they specify the division of labour between the political branches and the judiciary in forming applicable constitutional determinations. This explanation of the structure of constitutional reasoning sets the stage for the development of a normative theory about each enquiry. The book advances a theory of substantive constitutional argument. It argues that constitutional interpretation is a special kind of practical reasoning, aiming to construct and specify morally sound accounts of the Constitution and surrounding constitutional practice. Yet, this task is entrusted to a scheme of institutions, as agents of free and equal citizens. The standard of review is an interlocking component of that scheme, regulating the judicial assignment. As such, it should aim to facilitate best performance of the overall interpretive task, so that the judicial process settles on appropriate constitutional determinations; grounded on morally sound reasons that reach all citizens and uphold the fundamental commitments to freedom and equal citizenship.

Download or read book La argumentaci n jur dica en el estado constitucional written by Alessio Sardo and published by . This book was released on 2013 with total page 542 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book La argumentaci n en la justicia constitucional espa ola written by F. Javier Ezquiaga Ganuzas and published by . This book was released on 2006 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Derecho constitucional neoconstitucionalismo y argumentaci n jur dica written by Jorge E. Zavala Egas and published by . This book was released on 2010 with total page 525 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Crisis de la ley y estado constitucional written by and published by . This book was released on 2015 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Razonamiento constitucional written by Javier Antonio Adrián Coripuna and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Rationality and Justification of Legislation written by Luc J. Wintgens and published by Springer Science & Business Media. This book was released on 2013-06-26 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays collected in this book address legislation from the viewpoint of legal theory and provide an overview of current research in legisprudence as a new scholarly approach to lawmaking. The overall focus of the volume is on the justification of legislation, with a special emphasis on the intricate notion of legislative rationality. With the rational justification of legislation as their central theme, the essays elaborate on the foundations and bounds of legislation and the search for a more principled lawmaking, discuss the role of legislation within the framework of democratic constitutionalism, analyze legislation as implementation of constitutional law, and explore how legislative argumentation in parliament can be construed as a source of justification of laws.​

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 535 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 Debating Laws written by A. Daniel Oliver-Lalana and published by Springer Nature. This book was released on 2024-02-02 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to explore the potential and actual value of parliamentary debates as a source of legislative justification. Drawing on a sample of recent Spanish legislation, the papers collected here analyse (critically) the rationale of several laws or legislative measures as it can be reconstructed from the respective parliamentary discussions. All issues covered have given rise to intense political, legal and social controversy: they range from the combat against gender violence, the legal status of bullfighting, the protection of crime victims and the so-called ‘push-backs’ at the border, to the regulation of euthanasia, the minimum living income, underage girls’ access to abortion, and joint child custody. The volume is organised into two main parts. The first group of case studies adopt a legisprudential perspective and examine parliamentary deliberations in the light of the theory and methodology of legislative justification; the contributions in the second part follow approaches that fall outside – but are largely compatible with –legisprudence, and deal with aspects such as the rhetorical strategies employed by MPs when debating bills, and the role of elected legislators as constitutional interpreters.

Download or read book Comparative Constitutional Reasoning written by András Jakab and published by Cambridge University Press. This book was released on 2017-04-27 with total page 867 pages. Available in PDF, EPUB and Kindle. Book excerpt: A large-scale comparative work of leading cases examines judicial constitutional reasoning in eighteen different legal systems globally.

Download or read book The Strategy of Rhetoric written by Riker, William Harrison Riker and published by Yale University Press. This book was released on 1996-01-01 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: He discusses several heresthetical maneuvers that made the Federalists' narrow victory possible, such as their proposal of a constitution that was broader than most citizens would have preferred, and their design of the ratification process as a take-it-or-leave-it proposition, so that they could prevent any ratifying state from altering it. Riker concludes by examining the relationship between rhetoric and heresthetic. He shows that both were necessary for the Federalist victory: rhetoric, to build support for Federalist positions, and heresthetic, to structure the choice process so that this level of support would be sufficient.

Download or read book Challenges to Legal Theory written by María José Falcón y Tella and published by BRILL. This book was released on 2021-01-18 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: Challenges to Legal Theory offers the reader a fascinating journey through a variety of multi-disciplinary topics, ranging from law and literature, and law and religion, to legal philosophy and constitutional law. The collection reflects some of the challenges that the field of legal theory currently faces. It is compiled by a selection of international and Spanish scholars, whose essays are made available in English translation for the first time. The volume is based on a collection of essays, published in Spanish, in honour of Professor José Iturmendi Morales, of Complutense University, Madrid, and brings the rich scholarship of pre-eminent Spanish scholars of law and legal theory to an international audience.