Download or read book Judicial Review in Mexico written by Richard D. Baker and published by University of Texas Press. This book was released on 2015-01-02 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: The amparo suit is a Mexican legal institution similar in its effects to such Anglo-American procedures as habeas corpus, error, and the various forms of injunctive relief. It has undergone a long evolution since it was incorporated into the Constitution of 1857. Today, its principal purpose is to protect private individuals in the enjoyment of the rights guaranteed by the first twenty-nine articles of the Constitution. Mexico after its independence produced many constitutions. One of the earliest problems was to find an adequate means of defending the Constitution against ill-founded interpretations of its precepts. Like the United States, Mexico has developed a system of constitutional defense in which the judiciary is the supreme interpreter of what this document means. Unlike the United States Supreme Court, however, the Mexican Supreme Court has not been innovative in its decisions or contradicted the administration on major policy decisions. This difference must be attributed to the civil law system of Mexico as well as to the political climate. The first part of Richard D. Baker’s book describes the historical background of amparo and other methods of constitutional defense in Mexico. The three men most closely associated with creating a judicial form of constitutional defense in Mexico were Manuel Crescencio Rejón, José Fernando Ramírez, and Mariano Otero. Their own writings indicate that the immediate source of amparo must be found in the American institution of judicial review that was transmitted to Mexicans through Alexis de Tocqueville’s Democracy in America. The second part is an exposition of the workings of the amparo suit in the twentieth century and the constitutional and statutory provisions affecting it. Since 1857, when it was incorporated into article 102 of the Constitution, the amparo suit has evolved into a highly complex institution performing three functions: the defense of the civil liberties enumerated in the first twenty-nine articles of the Constitution, the determination of the constitutionality of federal and state legislation, and cassation. The Supreme Court is primarily limited to defending civil liberties through the amparo suit; it remains less innovative and more restricted than the United States system of judicial review, especially in the effect of its judgments on political agencies. Baker’s study is the first one in English dealing with this subject and is one of the most extensive in any language. It should be welcome as a valuable tool to all students of Mexican law, history, and political thought.

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 The Cambridge Handbook of Judicial Control of Arbitral Awards written by Larry A. DiMatteo and published by Cambridge University Press. This book was released on 2020-10-29 with total page 1250 pages. Available in PDF, EPUB and Kindle. Book excerpt: A unique collaboration between academic scholars, legal practitioners, and arbitrators, this handbook focuses on the intersection of arbitration - as an alternative to litigation - and the court systems to which arbitration is ultimately beholden. The first three parts analyze issues relating to the interpretation of the scope of arbitration agreements, arbitrator bias and conflicts of interest, arbitrator misconduct during the proceedings, enforceability of arbitral awards, and the grounds for vacating awards. The next section features fifteen country-specific reviews, which demonstrate that, despite the commonality of principles at the international level, there is a significant of amount of differences in the application of those principles at the national level. This work should be read by anyone interested in the general rules and principles of the enforceability of foreign arbitral awards and the grounds for courts to vacate or annul such awards.

Download or read book Comparing the Prospective Effect of Judicial Rulings Across Jurisdictions written by Eva Steiner and published by Springer. This book was released on 2015-05-05 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work deals with the temporal effect of judicial decisions and more specifically, with the hardship caused by the retroactive operation of overruling decisions. By means of a jurisprudential and comparative analysis, the book explores several issues created by the overruling of earlier decisions. Overruling of earlier decisions, when it occurs, operates retrospectively with the effect that it infringes the principle of legal certainty through upsetting any previous arrangements made by a party to a case under long standing precedents established previously by the courts. On this account, in the recent past, a number of jurisdictions have had to deal with the prospect of introducing in their own systems the well-established US practice of prospective overruling whereby the court may announce in advance that it will change the relevant rule or interpretation of the rule but only for future cases. However, adopting prospective overruling raises a series of issues mainly related to the constitutional limits of the judicial function coupled by the practical difficulties attendant upon such a practice. This book answers a number of the questions raised by this practice. It makes use of the great reservoir of foreign legal experience that furnishes theoretical and practical ideas from which national judges may draw their knowledge and inspiration in order to be able to advise a rational method of dealing with time when they give their decisions.

Download or read book Judicial Application of International Law in Southeast Europe written by Siniša Rodin and published by Springer. This book was released on 2015-04-24 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume presents comparative research on how the courts in Southeast Europe apply international law. After the introductory Part I, Part II discusses specific areas of international law, notably the law of Association Agreements between the EU and third countries, the law of the World Trade Organization, and international environmental law (the Aarhus Convention). Part III consists of country reports on how national courts in Albania, Bosnia and Herzegovina, Croatia, Kosovo, Macedonia, Montenegro, Serbia and Slovenia are currently applying international law.

Download or read book Judicial Politics in Mexico written by Andrea Castagnola and published by Routledge. This book was released on 2016-11-03 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: After more than seventy years of uninterrupted authoritarian government headed by the Partido Revolucionario Institucional (PRI), Mexico formally began the transition to democracy in 2000. Unlike most other new democracies in Latin America, no special Constitutional Court was set up, nor was there any designated bench of the Supreme Court for constitutional adjudication. Instead, the judiciary saw its powers expand incrementally. Under this new context inevitable questions emerged: How have the justices interpreted the constitution? What is the relation of the court with the other political institutions? How much autonomy do justices display in their decisions? Has the court considered the necessary adjustments to face the challenges of democracy? It has become essential in studying the new role of the Supreme Court to obtain a more accurate and detailed diagnosis of the performances of its justices in this new political environment. Through critical review of relevant debates and using original data sets to empirically analyze the way justices voted on the three main means of constitutional control from 2000 through 2011, leading legal scholars provide a thoughtful and much needed new interpretation of the role the judiciary plays in a country’s transition to democracy This book is designed for graduate courses in law and courts, judicial politics, comparative judicial politics, Latin American institutions, and transitions to democracy. This book will equip scholars and students with the knowledge required to understand the importance of the independence of the judiciary in the transition to democracy.

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 European judicial systems CEPEJ Evaluation Report 2020 written by Council of Europe and published by Council of Europe. This book was released on 2020-10-22 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt: Accessing the information needed to understand, analyse and reform judicial systems is the aim of this report. This latest edition of the report by the European Commission for the Efficiency of Justice (CEPEJ), which evaluates the functioning of judicial systems of 45 Council of Europe member states as well as three observer states to the CEPEJ, Israel, Morocco and for the first time Kazakhstan, continues the process carried out since 2002, focusing the content of the report on the analysis of European trends. In addition, the CEPEJ has also developed, for the first time, country profiles which present in a synthetic way the main data and indicators developed by the CEPEJ for each participating state. All the quantitative and qualitative data collected from the CEPEJ national correspondents as well as the accompanying comments are also available on the CEPEJ-STAT dynamic database (https://www.coe.int/en/web/cepej/dynamicdatabase-of-european-judicial-systems ). Relying on a methodology which is already a reference for collecting and processing large number of quantitative and qualitative judicial data, this unique study has been conceived above all as a tool for public policy aimed at improving the efficiency and quality of justice. The objective of the CEPEJ in preparing this report is to enable policy makers, justice practitioners, researchers as well as those who are interested in the functioning of justice in Europe and beyond, to have access to the information needed to be able to understand, analyse and reform.

Download or read book Civil Judgment Recognition and the Integration of Multiple state Associations written by Robert C. Casad and published by University Press of Kansas. This book was released on 1981 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book represents a prodigious study of judgment-recognition practices in the Central American states, and is for that reason alone an important and needed contribution to comparative law. Distinguished legal scholar Robert C. Casad details the history and present arrangements in Central America, compares the Central American system to interstate judgment-recognition arrangements in the U.S. and the European Economic Community, and considers important suggestions for reform in Central America. This book brings together for the first time in one source, translated into English, the texts of the relevant code provisions of each of the six Central American countries, as well as the text of the Bustamante Code (the multi-lateral treaty) and the European Economic Community judgment-recognition convention.

Download or read book Judicial review in comparative law written by Allan R. Brewer Carias and published by Ediciones Olejnik. This book was released on 2023-11-24 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: "All over the world, in all democratic States, independently of having a legal system based on the common law or on the civil law principles, the courts – special constitutional courts, supreme courts or ordinary courts – have the power to decide and declare the unconstitutionality of legislation or of other State acts when a particular statute violates the text of the Constitution or of its constitutional principles. This power of the courts is the consequence of the consolidation in contem-porary constitutionalism of three fundamental principles of law: first, the existence of a written or unwritten constitution or of a fundamental law, conceived as a superior law with clear supremacy over all other statutes; second, the “rigid” character of such constitution or fundamental law, which implies that the amendments or reforms that may be introduced can only be put into practice by means of a particular and special constituent or legislative process, preventing the ordinary legislator from doing so; and third, the establishment in that same written or unwritten and rigid constitution or fundamental law, of the judicial means for guaranteeing its supremacy, over all other state acts, including legislative acts. Accordingly, in democratic systems subjected to such principles, the courts have the power to refuse to enforce a statute when deemed to be contrary to the Constitu-tion, considering it null or void, through what is known as the diffuse system of judicial review; and in many cases, they even have the power to annul the said unconstitutional law, through what is known as the concentrated system of judicial review. The former, is the system created more than two hundred years ago by the Supreme Court of the United States, and that so deeply characterizes the North American Constitutional system. The latter system, has been adopted in consti-tutional systems in which the judicial power of judicial review has been generally assigned to the Supreme Court or to one special Constitutional Court, as is the case, for example, of many countries in Europe and in Latin America. This concentrated system of judicial review, although established in many Latin American countries since the 19th century, was only effectively developed particularly in the world after World War II following the studies of Hans Kelsen. Of course, during the past thirty years many changes have occurred in the world on these matters of Judicial Review, in particularly in Europe and specifically in the United Kingdom, where these Lectures were delivered. Nonetheless, I have decided to publish them hereto in its integrality, as they were: the written work of a law professor made as a consequence of his research for the preparation of his lectures, not pretending to be anything else, but the academic testimony of the state of the subject of judicial review in the world in 1985-1986". Allan R. Brewer–Carías.

Download or read book International Judicial Assistance in Civil Matters written by Rodriguez and published by Martinus Nijhoff Publishers. This book was released on 2023-09-20 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: International judicial assistance, which is reasonably well settled in criminal law, is still finding its way in civil matters. Here is a very useful survey of problems in this area, describing how they are being handled in various jurisdictions worldwide. The authors examine service of process abroad, obtaining evidence in crossborder litigation, the impact of sovereign immunity, the application of international conventions, and preferred forms of dispute resolution. Contributors include practitioners from both civil law and common law jurisdictions. Published under the Transnational Publishers imprint.

Download or read book The International Court of Justice and the Judicial Function written by Gleider I Hernández and published by OUP Oxford. This book was released on 2014-05-29 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book evaluates the concept of the function of law through the prism of the International Court of Justice. It goes beyond a conventional analysis of the Court's case law and applicable law, to consider the compromise between supranational order and state sovereignty that lies at the heart of its institutional design. It argues that this compromise prevents the Court from playing a progressive role in the development of international law. Instead, it influences the international legal order in more subtle ways, in particular, in shaping understanding of the nature or form of the international legal order as a whole. The book concludes that the role of the Court is not to advance some universal conception of international law but rather to decide the cases before it in the best possible way within its institutional limits, while remaining aware of law's deeper theoretical foundations. The book considers three key elements: firstly, it examines the historical aspects of the Court's constitutive Statute, and the manner in which it defines its judicial character. Secondly, it considers the drafting process, the function of a dissenting opinion, and the role of the individual judge, in an attempt to discern insights on the function of the Court. Finally, the book examines the Court's practice in regard to three conceptual issues which assist in understanding the Court's function: its theory of precedent; its definition of the 'international community'; and its theory on the completeness of the international legal order.

Download or read book United States Reports written by United States. Supreme Court and published by . This book was released on 1904 with total page 2322 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Reports of Cases Argued and Decided in the Supreme Court of the United States written by United States. Supreme Court and published by . This book was released on 1906 with total page 1272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Complete with headnotes, summaries of decisions, statements of cases, points and authorities of counsel, annotations, tables, and parallel references.

Download or read book Cases Argued and Decided in the Supreme Court of the United States written by United States. Supreme Court and published by . This book was released on 1926 with total page 1186 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Development of Traffic Liability written by Wolfgang Ernst and published by Cambridge University Press. This book was released on 2014-07-31 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of the legal responses across Western Europe to the problems of rail and road accidents from 1850-2000.

Download or read book United States Supreme Court Reports written by United States. Supreme Court and published by . This book was released on 1909 with total page 1314 pages. Available in PDF, EPUB and Kindle. Book excerpt: First series, books 1-43, includes "Notes on U.S. reports" by Walter Malins Rose.