Download or read book Control de Constitucionalidad de la Ley written by Bertelsen Repetto Bertelsen R. and published by . This book was released on 1969 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Rule of Law Human Rights and Judicial Control of Power written by Rainer Arnold and published by Springer. This book was released on 2017-05-16 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial control of public power ensures a guarantee of the rule of law. This book addresses the scope and limits of judicial control at the national level, i.e. the control of public authorities, and at the supranational level, i.e. the control of States. It explores the risk of judicial review leading to judicial activism that can threaten the principle of the separation of powers or the legitimate exercise of state powers. It analyzes how national and supranational legal systems have embodied certain mechanisms, such as the principles of reasonableness, proportionality, deference and margin of appreciation, as well as the horizontal effects of human rights that help to determine how far a judge can go. Taking a theoretical and comparative view, the book first examines the conceptual bases of the various control systems and then studies the models, structural elements, and functions of the control instruments in selected countries and regions. It uses country and regional reports as the basis for the comparison of the convergences and divergences of the implementation of control in certain countries of Europe, Latin America, and Africa. The book’s theoretical reflections and comparative investigations provide answers to important questions, such as whether or not there are nascent universal principles concerning the control of public power, how strong the impact of particular legal traditions is, and to what extent international law concepts have had harmonizing and strengthening effects on internal public-power control.

Download or read book Pandemocracy in Latin America written by Pablo Riberi and published by Bloomsbury Publishing. This book was released on 2024-02-08 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses two questions: firstly, how has the fight against COVID-19, especially the individual and collective responses of Latin American nation-states, influenced the relationship between power, people, and statebodies? And secondly, has democracy taken a step back and allowed pandemocracy to replace its long-term legitimising function? Adopting a Global South perspective, the book explores the constitutional, political and institutional measures that paved the way for several aggressive state policies in various Latin American countries during the COVID-19 pandemic. The contributions provide a detailed review of democratic decay and the 'rule of law' impairment in many countries of the region. The book goes beyond mere observation and explores all the main theoretical elements that can lead to a more comprehensive understanding of the political and normative impact of the pandemic. In terms of constitutional design and concerning the actual behaviour of political bodies, the fairness and efficacy of Latin American state responses during the COVID-19 pandemic did not rely on civic culture, executive goodwill, or boldness on the part of the judges. The aim of this volume, therefore, is to unravel the most subtle elements of a very puzzling situation. Multidisciplinary perspectives are deployed to explore how democratic standards and goals have been reshaped by nuanced constructions of certain atavistic normative ideas or even by non-constitutional policies. The book sheds light on the underlying connection between politics and law.

Download or read book Law Anthropology written by René Kuppe and published by BRILL. This book was released on 2024-01-08 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law & Anthropology Yearbook brings together a collection of studies that discuss legal problems raised by cultural differences between people and the law to which they are subject. Volume 10 of Law & Anthropology includes eight studies that discuss various forms in which the rights of indigenous people are violated. Topics include: the way in which the seemingly neutral criminal justice system of Canada discriminates against aboriginal people; the fact that land rights issues of indigenous peoples cannot be separated from political rights; the conceptual differences between the human rights concepts underlying the modern international system, and the concepts behind human rights as these are understood in the Guatemalan Highlands; and the relationship between the rights of indigenous peoples and upcoming new standards of environmental law.

Download or read book Festschrift f r Karl Loewenstein written by Henry Steele Commager and published by Mohr Siebeck. This book was released on 1971 with total page 534 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Constitution of Spain written by Victor Ferreres Comella and published by Bloomsbury Publishing. This book was released on 2013-05-13 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a critical introduction to the principles and institutions that make up the Spanish Constitution, which was enacted in 1978. It first explains the process of transition from Franco's dictatorship to democracy, in order to understand the historical circumstances under which the Constitution was framed. After offering a theory to justify the authority of the Constitution over ordinary laws, the book proceeds to explain the basic principles of the Spanish political regime, as well as the structure of its complex legal system. Later chapters focus on various institutions, such as the Crown, Parliament and the Government. A specific chapter is devoted to the territorial distribution of power between the State, the regions and local government. The last two chapters deal with the constitutional role of courts, and the protection of fundamental rights. The book includes some reflections on the challenges that lie ahead and the constitutional reforms that may need to be considered in the future.

Download or read book Reformas Constitucionales written by Rodolfo Becerra de la Roca and published by Plural editores. This book was released on 2006 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Quality Control in Preliminary Examination written by Morten Bergsmo and published by Torkel Opsahl Academic EPublisher. This book was released on 2018-09-06 with total page 714 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Mexico s Right to know Reforms written by Jonathan Fox and published by . This book was released on 2007 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Impact of the Inter American Human Rights System written by Armin von Bogdandy and published by Oxford University Press. This book was released on 2024 with total page 705 pages. Available in PDF, EPUB and Kindle. Book excerpt: This interdisciplinary volume brings together leading scholars in international and constitutional law, social sciences, and international relations to present a systematic as well as critical analysis of the impact of the Inter-American System of Human Rights and the legal mechanisms that allow for that impact.

Download or read book The civil rights injunction for the protection of fundamental rights written by Allan R. Brewer Carias and published by Ediciones Olejnik. This book was released on 2023-11-24 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book on The Civil Rights Injunction for the protection of Funda-mental Rights. The Latin American «Amparo» Proceeding, is the original version of the text I wrote for the Couse of Lectures I gave, as Adjunct Professor of Law, on a Seminar on Judicial Protection of Fundamental Rights in Latin America: the Amparo Proceeding, at the Columbia Law School in New York, University of Columbia, during the years 2006-2008. The Seminar was intended to examine the most recent trends in the constitutional and legal regulations in all Latin American countries regarding the “amparo” suit, action or recourse– including the old habeas corpus writ and the new habeas data actions or recourses. By means of a comparative constitutional law approach, also with reference to the United States civil rights injunctions, the Course analyzed this Latin American institution departing from the regulation of the “amparo” guarantee established in Article 25 of the 1969 American Convention of Human Rights which entered into force in 1978 after being ratified by all Latin American States. The amparo suit or proceeding is not only an effective judicial means for the restoration of the injured constitutional rights that has been harmed, similar to the reparative or restorative civil rights injunctions in the United States, but it is also the effective judicial means for the protection of such rights and guaranties when threatened to be violated or harmed. This latter amparo suit is then similar to the preventive civil rights injunctions in the United States; “preventive” in the sense of avoiding harm; which, in this case, “seeks to prohibit some discrete act or series of acts from occurring in the future”, and is designed “to avoid future harm to a party by prohibiting or mandating certain behavior to another party”. From this point of view, thus, in a constitutional comparative law approach, the Latin American amparo action or proceeding, is a judicial remedy similar to the civil rights injunctions (restorative or preventive) in the United States". Allan R. Brewer Carías.

Download or read book Alternative Approaches to Human Rights written by Christopher Roberts and published by Cambridge University Press. This book was released on 2022-11-24 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the comparative historical evolution of the European, Inter-American and African regional human rights systems. The book devotes attention to various factors that have shaped the systems: the different circumstances in which they were founded; the influence of major states and inter-state politics within their respective regions; gradual processes of institutional evolution; and the impact of human rights advocates and claimants. Throughout, the book devotes careful attention to the impact of institutional and procedural choices on the functioning of human rights systems. Overarchingly, the book explores the contextually-generated differences between the three systems, suggesting that human rights practice is less unitary than it might at times appear. Prescriptively, the book proposes that, contrary to the received wisdom in some quarters, the Inter-American system's dual-track approach may provide the most promising model in regards to future human rights system design.

Download or read book Symposium written by and published by . This book was released on 2008 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Quality Control in Preliminary Examination written by Morten Bergsmo and published by Torkel Opsahl Academic EPublisher. This book was released on 2018-09-06 with total page 774 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book General Reports of the XVIIIth Congress of the International Academy of Comparative Law Rapports G n raux du XVIII me Congr s de l Acad mie Internationale de Droit Compar written by Karen B. Brown and published by Springer Science & Business Media. This book was released on 2011-12-30 with total page 699 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title presents twenty-nine topics, prepared by leading scholars in more than 20 countries, providing a comparative analysis of cutting-edge legal topics of the 21st century. Considering topics of vital moment to contemporary legal scholars, the title includes pieces on Surrogate Motherhood, The Balance of Copyright in Comparative Perspective, International Law in Domestic Systems, Constitutional Courts as "Positive Legislators," Same-sex Marriage, Climate Change and the Law, The Regulation of Private Equity, Hedge Funds, and State Funds, and Regulation of Corporate Tax Evasion. Each chapter surveys legal developments in the U.S. and Canada, Europe, Asia, Latin and South America, Africa, and the Middle East in a format that permits the reader easy access to similarities and differences in the approaches of the selected national regimes. This comprehensive volume tells the story of parallel trends in the evolution of legal doctrine despite jurisdictional, cultural, and political barriers. While each of the covered countries stands alone as a sovereign, in a technologically advanced world their disparate systems nonetheless have converged to adopt comparable strategies in dealing with complex legal issues. The volume is a critical addition to the library of any scholar hoping to keep abreast of the major trends in contemporary law.

Download or read book Constitutional Protection of Human Rights in Latin America written by Allan R. Brewer-Carías and published by Cambridge University Press. This book was released on 2009 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the most recent trends in the constitutional and legal regulations in all Latin American countries regarding the amparo proceeding. It analyzes the regulations of the seventeen amparo statutes in force in Latin America, as well as the regulation on the amparo guarantee established in Article 25 of the American Convention of Human Rights.

Download or read book Transformative Constitutionalism in Latin America written by Armin von Bogdandy and published by Oxford University Press. This book was released on 2017-07-21 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: This ground-breaking collection of essays outlines and explains the unique development of Latin American jurisprudence. It introduces the idea of the Ius Constitutionale Commune en América Latina (ICCAL), an original Latin American path of transformative constitutionalism, to an Anglophone audience for the first time. It charts the key developments that have transformed the region and assesses the success of the constitutional projects that followed a period of authoritarian regimes in Latin America. Coined by scholars who have been documenting, conceptualizing, and comparing the development of Latin American public law for more than a decade, the term ICCAL encompasses themes that cross national borders and legal fields, taking in constitutional law, administrative law, general public international law, regional integration law, human rights, and investment law. Not only does this volume map the legal landscape, it also suggests measures to improve society via due legal process and a rights-based, supranational and regionally rooted constitutionalism. The editors contend that with the strengthening of democracy, the rule of law, and human rights, common problems such as the exclusion of wide sectors of the population from having a say in government, as well as corruption, hyper-presidentialism, and the weak normativity of the law can be combatted more effectively in future.