Download or read book One Country Two Systems Three Legal Orders Perspectives of Evolution written by Jorge Oliveira and published by Springer Science & Business Media. This book was released on 2009-07-21 with total page 810 pages. Available in PDF, EPUB and Kindle. Book excerpt: “One Country, Two Systems, Three Legal Orders” – Perspectives of Evolution – : Essays on Macau’s Autonomy after the Resumption of Sovereignty by China” can be said, in a short preamble-like manner, to be a book that provides a comprehensive look at several issues regarding public law that arise from, or correlate with, the Chinese apex motto for reunification – One Country, Two Systems – and its implementation in Macau and Hong Kong. Noble and contemporary themes such as autonomy models and fundamental rights are thoroughly approached, with a multilayered analysis encompassing both Western and Chinese views, and an extensive comparative law acquis is also brought forward. Furthermore, relevant issues on international law, criminal law, and historical and comparative evolutions and interactions of different legal s- tems are laid down in this panoramic, yet comprehensive book. One cannot but underline the presence, in the many approaches and comments, of a certain aura of a modern Kantian cosmopolitanism revisitation throughout the work, especially when dealing with the cardinal principle of «One Country, Two Systems», which enabled a peaceful and integral reunification ex vi international law – the Joint Declarations – that ended an external and distant control.

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 615 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 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.

Download or read book Constitutions of Nations written by Amos J. Peaslee and published by Springer. This book was released on 2013-12-17 with total page 919 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Social Exclusion and the Criminal Justice System written by Elisa García-España and published by Taylor & Francis. This book was released on 2024-06-03 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the results of the latest in a long-running research project using the RIMES instrument, developed by scholars in Spain. Here, RIMES is used to measure the extent of social exclusion resulting from the penal system in comparative perspective. The volume shows the results of the application of the instrument in seven criminal justice systems: Germany, Italy, Spain, Poland, England and Wales, California, and New York. Divided into two parts, the first provides a general overview of the RIMES instrument, including a discussion of the theoretical model and the methodology. The second part focuses on the results of the application of RIMES in the seven jurisdictions. The comparative results are organised according to the nine dimensions included in the RIMES instrument: control of public spaces; legal safeguards; sentencing and sanctions systems; harshest penalties; prison rules; preventive intervention; legal and social status of offenders and ex-offenders; police and criminal records; and youth criminal justice. The last chapter summarizes the comparative results and ranks them in terms of the findings on social exclusion. The book will be of interest to academics, researchers and policy-makers working in the areas of Comparative Criminal Justice, Criminology, Criminal Law and Policy.

Download or read book The Ways of Federalism in Western Countries and the Horizons of Territorial Autonomy in Spain written by Alberto López - Basaguren and published by Springer Science & Business Media. This book was released on 2013-06-13 with total page 893 pages. Available in PDF, EPUB and Kindle. Book excerpt: Territorial autonomy in Spain has reached a crossroads. After over thirty years of development, the consensus regarding its appropriateness has started to crumble. The transformation project embodied by the reform of Statute of Catalonia (2006) has failed to achieve its most significant demands. Although the concept of Spain as a Federation is disputed -more within the country than beyond-, the evolution of the Spanish system needs to follow a markedly federalist path. In this perspective, reference models assume critical importance. This edition gathers the works of a broad group of European, American and Spanish experts who analyse the present-day challenges of their respective systems. The objective, thus, is to contribute ideas which might help to address the evolution of the Spanish system in the light of the experience of more established Federations. This second volume focuses its attention on the difficulties and challenges faced in two particular fields. On the one hand, the field of intergovernmental relations and, on the other, questions related to the integration and acknowledgement of diversity and of Fundamental Rights, with special reference to the cases of Canada and Spain. Finally, there is analysis of other specific aspects of the system of territorial autonomy in Spain.

Download or read book Constitutional Law in Argentina written by Antonio María Hernández and published by Kluwer Law International B.V.. This book was released on 2018-11-16 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Argentina provides essential information on the country's sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Argentina will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.

Download or read book Intercultural Constitutionalism written by Salvatore Bonfiglio and published by Routledge. This book was released on 2018-10-03 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that the effective protection of fundamental rights in a contemporary, multicultural society requires not only tolerance and respect for others, but also an ethics of reciprocity and a pursuit of dialogue between different cultures of human rights. Nowadays, all cultures tend to claim an equitable arrangement that can be articulated in the terms of fundamental rights and in the multicultural organization of the State. Starting from the premise that every culture is and always was intercultural, this book elaborates a new, and more fundamentally, pluralist view of the relationship between rights and cultural identity. No culture is pure; from the perspective of an irreducible cultural contamination, this book argues, it is possible to formulate constitutional idea of diversity that is properly intercultural. This concept of intercultural constitutionalism is not, then, based on abstract principles, but nor is it bound to any particular cultural norm. Rather, intercultural constitutionalism allows the interpretation of rights, rules and legal principles, which are established in different contexts.

Download or read book The Pan American Book Shelf written by and published by . This book was released on 1946 with total page 822 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Inter American Judicial Constitutionalism written by Manuel Eduardo Góngora Mera and published by Manuel Eduardo Gongora-Mera. This book was released on 2011 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Emergency Politics in the Third Wave of Democracy written by Claire Wright and published by Lexington Books. This book was released on 2015-12-09 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: Emergency Politics in the Third Wave of Democracy aims to make an important contribution to the study of emergency politics by offering an up-to-date study of how it works in practice. Specifically, it studies the uses given to the “regime of exception” mechanism in Bolivia, Ecuador, and Peru in the first decade of the 21st century and analyzes potential incompatibilities with the two pillars of democratic governability: efficiency and legitimacy. This book offers a thorough review of existing literature on emergency politics, offering conceptual clarification, identifying three types or paradigms of emergency politics (repressive, administrative, and disaster) and pointing to regimes of exception as a useful route to their study. It also provides an overview of emergency politics in Latin America throughout history, pointing to the predominance of regimes of exception and the repressive paradigm. The book describes the continuity of the repressive paradigm in Peruvian emergency politics to deal with both social protest and the apparent threat of organized crime and terrorism, as well as how Bolivia has shifted from a repressive to a disaster paradigm in the face of pressure to deal with climate change. It also analyzes the predominance of an administrative paradigm in Ecuadorian emergency politics in the context of weak institutions and difficulties in implementing policy as well as a populist style of leadership. Ultimately, the book offers some “best practices” in relation to the design and use of regimes of exception in democratic contexts. Other studies on emergency politics tend to focus on legal or formal issues in the context of the United States War on Terror. This study is decidedly political and empirical in focus, offering analysis and interpretation as a result of intensive fieldwork carried out by the author in Bolivia, Ecuador, and Peru. Consequently, this volume offers important contributions to our understanding of emergency politics in general (with evidence from the periphery) as well as to our understanding of democratization processes in the Third Wave.

Download or read book Routledge Handbook of Law and Society in Latin America written by Rachel Sieder and published by Routledge. This book was released on 2019-05-20 with total page 978 pages. Available in PDF, EPUB and Kindle. Book excerpt: An understanding of law and its efficacy in Latin America demands concepts distinct from the hegemonic notions of "rule of law" which have dominated debates on law, politics and society, and that recognize the diversity of situations and contexts characterizing the region. The Routledge Handbook of Law and Society in Latin America presents cutting-edge analysis of the central theoretical and applied areas of enquiry in socio-legal studies in the region by leading figures in the study of law and society from Latin America, North America and Europe. Contributors argue that scholarship about Latin America has made vital contributions to longstanding and emerging theoretical and methodological debates on the relationship between law and society. Key topics examined include: The gap between law-on-the-books and law in action The implications of legal pluralism and legal globalization The legacies of experiences of transitional justice Emerging forms of socio-legal and political mobilization Debates concerning the relationship between the legal and the illegal. The Routledge Handbook of Law and Society in Latin America sets out new research agendas for cross-disciplinary socio-legal studies and will be of interest to those studying law, sociology of law, comparative Latin American politics, legal anthropology and development studies.

Download or read book The African Human Rights Judicial System written by Luis Gabriel Franceschi and published by Cambridge Scholars Publishing. This book was released on 2014-03-17 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with two interconnected yet often forgotten realities of the constitutional order in Africa: first, the ‘foreign affairs power’ that gives the specific organs of the State the capacity to create and empower universal, regional and sub-regional governance and judicial structures. Secondly, the ‘international judicial function in Africa’, with a specific focus on the African Court on Human and Peoples’ Rights and the upcoming merger with the African Court of Justice to form one court: The African Court of Justice and Human and Peoples’ Rights.

Download or read book Bulletin of the New York Public Library written by New York Public Library and published by . This book was released on 1904 with total page 656 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes its Report, 1896-19 .

Download or read book Guide to the Law and Legal Literature of Argentina Brazil and Chile written by Edwin Borchard and published by . This book was released on 1917 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Future of Think Tanks and Policy Advice Around the World written by James McGann and published by Springer Nature. This book was released on 2021-01-15 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: At a moment when both think tanks and experts are being questioned, significant policy and technology disruptions have called into question the value and efficacy of policy advice. Within that context, Dr. McGann launched this book to examine the future of think tanks and policy advice around the world with a series of authoritative reflections written by the presidents of some of the leading think tanks in every region of the world. The book explores the challenges think tanks face today in an information rich and highly competitive operating environment that includes: the impact of technology, big data and artificial intelligence, competition from advocacy groups and public relations firms, increased polarization of politics and major changes in how think tanks are funded.

Download or read book Handbook of Parliamentary Studies written by Cyril Benoît and published by Edward Elgar Publishing. This book was released on 2020-11-27 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Handbook takes a multidisciplinary approach to the study of parliaments, offering novel insights into the key aspects of legislatures, legislative institutions and legislative politics. Connecting rich and diverse fields of inquiry, it illuminates how the study of parliaments has shaped a wider understanding surrounding politics and society over the past decades.