Download or read book A Three Dimensional Theory of Law written by María José Falcon y Tella and published by BRILL. This book was released on 2010-04-27 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: What this book intends to do is to study three-dimensionalism (the distinction values-norms-facts) not in what could be called its historical dimension, but in its substantive aspect, as a “form” that, when applied to different legal themes, would add a “material content” to the three-dimensional theory. We can point out, as a study plan, the distinction between “three” perspectives: Those of the legal norm, of the legal order, and the legal relationship. Three-dimensionalism also appears in this work when one analyzes the “three” phases of the life of the law: The formation, the interpretation, and the application; and in the distinction between the “three” characteristics of the legal order: Fullness, coherence, and unity—the theory of legal validity, intended as legitimacy, as validity strictly speaking, or as effectiveness.
Download or read book Limitations of National Sovereignty through European Integration written by Rainer Arnold and published by Springer. This book was released on 2016-02-25 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book considers the changes which national sovereignty has undergone through the supranational European integration. In various contributions by renowned academics and high judges demonstrate the serious impacts of supranationality on the EU member states and even on third countries which are connected with the EU by international treaties. It becomes clear that primacy of EU law, the most significant expression of supra-nationality, collides with national sovereignty as anchored in the national constitutions. The studies clearly show that most member states do not fully deny EU law primacy but are aware of the need to find an adequate balance between the supranational and the national orders. The result from the analyses of the authors from various European countries is that the upcoming constitutional paradigm is “constitutional identity”, a concept established by jurisprudence in Germany, France, Czech Republic (without being named so) and debated also in Poland which, herself, denies supranational impact on the national Constitution entirely. Studies on selected EU member states clarify the specific national approaches towards the limitations of their sovereignty as developed by the constitutional jurisprudence (Poland, Czech Republic, Hungary, Romania, Italy, Germany with comparative references to United Kingdom and France). It is illuminated that traditionally strong sovereignty concepts (UK, France) are considerably relativized and functionally opened towards the integration challenges. Basic issues are furthermore reflected, such as the supranational impact on the State’s power to reform its Constitution, the relation of national and constitutional identity and the national and supranational perspectives of identity. The book also includes Europe beyond the EU by research on the supranational character of association treaties (from a Ukrainian perspective) and on the Europeanization of a third country preparing EU membership (Albania).
Download or read book La reforma constitucional en la perspectiva de las fuentes del derecho written by Carlos de Cabo Martín and published by . This book was released on 2003-01 with total page 102 pages. Available in PDF, EPUB and Kindle. Book excerpt: Este trabajo forma parte de la revisión que el autor viene realizando del sistema de Fuentes a partir de la repercusión que sobre él ha tenido el constitucionalismo del Estado social. En este caso, se estudia la reforma constitucional como norma de producción y como norma producida, con la especificidad de ser la única Fuente de derecho constitucional. Se utiliza la metodología seguida con anterioridad que, en el supuesto ahora contemplado, resulta especialmente adecuada al definirse jurídicamente la reforma constitucional, precisamente, como interrelación entre determinaciones externas e internas. De acuerdo con ello, se analiza, en primer término, la compleja relación entre Tiempo y Derecho constitucional, para situarse después en el interior de la lógica constitucional y deducir la «exigencia de reforma» a partir de la normatividad, de una parte, y de la supremacía, de otra, con una proyección en el caso español a los problemas que plantean, respectivamente, la estructura territorial del Estado y la relación con el ordenamiento europeo.
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 2013-05-09 with total page 662 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 first volume analyses the challenges facing federal systems in the age of globalisation from a global perspective. It also addresses current questions and the challenges faced today by, in the sphere of the internal division of powers, the most significant ‘western’ federal systems, on the one hand, and the Spanish system of territorial autonomy, on the other.
Download or read book Quasi Constitutionality and Constitutional Statutes written by Richard Albert and published by Routledge. This book was released on 2019-04-01 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the interstices among statutory enactment, constitutional convention and formal constitution in which quasi-constitutionality exists. It provides a focal resource that can serve as a point of reference for scholars interested in quasi-constitutionality as a whole, from national and transnational perspectives, expanding on its many forms, functions, and applications with recourse to comparative insights. The book is divided in three main Parts, each of them preceded by a separate critical introduction in which an informed scholar contextualizes the chapters and offers reflections on the themes they develop. The first Part, titled 'Forms', is composed of chapters that address, from a theoretical and comparative perspective, questions related to the recognition of constitutional statutes and quasi-constitutional legislation. The second Part is titled 'Functions', and contains chapters that explore the explanatory power of quasi-constitutionality in different institutional contexts. The third Part, titled 'Applications', considers the ways in which constitutional statutes and quasi-constitutionality operate in relation to particular tensions and debates present in various jurisdictions.
Download or read book The Balance between Worker Protection and Employer Powers written by Nuno Cerejeira Namora and published by Cambridge Scholars Publishing. This book was released on 2019-01-17 with total page 622 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the most important problems and challenges of the current labour market from the point of view of the balance between the parties of the employment contract. The contributions here are related to various pressing topics, including, for example, the future of work and worker protection on an international level against the strengthening of employers’ powers. In addition, the nature and limits of employers’ power, non-competition contractual clauses and workers’ rights in the face of new communication and information technologies are also discussed. The contributors are drawn from several countries, such as Portugal, Spain, Bolivia, Italy, México and Switzerland. The book will appeal to lawyers, legal experts, human resources experts, economist, judges, academia, and staff from companies and trade unions, and employers’ representation. The volume features insights and contributions in different languages, with chapters in Spanish (12), English (4) and Portuguese (5).
Download or read book Estudios sobre la propuesta pol tica para la convivencia del lehendakari Ibarretxe written by and published by Ivap. This book was released on 2003 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Realizing the Abidjan Principles on the Right to Education written by Frank Adamson and published by Edward Elgar Publishing. This book was released on 2021-05-28 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful book analyses the process of the first adoption of guiding human rights principles for education, the Abidjan Principles. It explains the development of the Abidjan Principles, including their articulation of the right to education, the state obligation to provide quality public education, and the role of private actors in education.
Download or read book Democracy in Mexico written by Pablo González Casanova and published by New York : Oxford University Press. This book was released on 1970 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Audacious Education Purposes written by Fernando M. Reimers and published by Springer Nature. This book was released on 2020-04-23 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book offers a comparative study of eight ambitious national reforms that sought to create opportunities for students to gain the necessary breath of skills to thrive in a rapidly changing world. It examines how national governments transform education systems to provide students opportunities to develop such skills. It analyses comprehensive education reforms in Brazil, Finland, Japan, Mexico, Peru, Poland, Portugal and Russia and yields original and important insights on the process of educational change. The analysis of these 21st century skills reforms shows that reformers followed approaches which are based on the five perspectives: cultural, psychological, professional, institutional and political. Most reforms relied on institutional and political perspectives. They highlight the systemic nature of the process of educational change, and the need for alignment and coherence among the various elements of the system in order. They underscore the importance of addressing the interests of various stakeholders of the education system in obtaining the necessary impetus to initiate and sustain change. In contrast, as the book shows, the use of a cultural and psychological frame proved rarer, missing important opportunities to draw on systematic analysis of emerging demands for schools and on cognitive science to inform the changes in the organization of instruction. Drawing on a rich array of sources and evidence the book provides a careful account of how education reform works in practice.
Download or read book Fifteenth World Congress of Labour Law and Social Security written by International Society for Labour Law and Social Security. World Congress and published by . This book was released on 1998 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Bolet n de antropolog a americana written by and published by . This book was released on 2006 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Comparative Law for Spanish English Speaking Lawyers written by S.I. Strong and published by Edward Elgar Publishing. This book was released on 2016-11-25 with total page 721 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative Law for Spanish–English Speaking Lawyers provides practitioners and students of law, in a variety of English- and Spanish- speaking countries, with the information and skills needed to successfully undertake competent comparative legal research and communicate with local counsel and clients in a second language. Written with the purpose of helping lawyers develop the practical skills essential for success in today’s increasingly international legal market, this book aims to arm its readers with the tools needed to translate unfamiliar legal terms and contextualize the legal concepts and practices used in foreign legal systems. Comparative Law for Spanish–English Speaking Lawyers / Derecho comparado para abogados anglo- e hispanoparlantes, escrita en inglés y español, persigue potenciar las habilidades lingüísticas y los conocimientos de derecho comparado de sus lectores. Con este propósito, términos y conceptos jurídicos esenciales son explicados al hilo del análisis riguroso y transversal de selectas jurisdicciones hispano- y angloparlantes. El libro pretende con ello que abogados, estudiantes de derecho y traductores puedan trabajar en una segunda lengua con solvencia y consciencia de las diferencias jurídicas y culturales que afectan a las relaciones con abogados y clientes extranjeros. La obra se complementa con ejercicios individuales y en grupo que permiten a los lectores reflexionar sobre estas divergencias.
Download or read book Making Constitutions written by Gabriel L. Negretto and published by Cambridge University Press. This book was released on 2013-06-17 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines constitutional change in Latin America from 1900 to 2008 and provides the first systematic explanation of the origins of constitutional designs.
Download or read book Weak Courts Strong Rights written by Mark Tushnet and published by Princeton University Press. This book was released on 2009-07-20 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights, Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. Under "strong-form" judicial review, as in the United States, judicial interpretations of the constitution are binding on other branches of government. In contrast, "weak-form" review allows the legislature and executive to reject constitutional rulings by the judiciary--as long as they do so publicly. Tushnet describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own. With that background, he turns to social welfare rights, explaining the connection between the "state action" or "horizontal effect" doctrine and the enforcement of social welfare rights. Tushnet then draws together the analysis of weak-form review and that of social welfare rights, explaining how weak-form review could be used to enforce those rights. He demonstrates that there is a clear judicial path--not an insurmountable judicial hurdle--to better enforcement of constitutional social welfare rights.
Download or read book The Rule of Law in the European Constitution written by Maria Fernaandez Esteban and published by Springer. This book was released on 1999-07-15 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Court of Justice once stated that the European Community is governed by the rule of law inasmuch as member states, Community institutions and individuals are bound to the basic constitutional charter, the Treaty. The purpose of this book is to answer the question whether this statement is still valid for the European Union, and to analyse which features best define the rule of law at the European level. In order to define the principle of the rule of law at the European level, this book undertakes a comparative analysis of what the principle means in different legal systems. An analysis is also made of the implications for national legal orders, specifically for judges. The conclusion reached as a result of the research undertaken for this book is the co-existence of two visions of the rule of law within national legal orders: the traditional view of each legal order by itself, and the new vision of the principle as defined by the Court of Justice. This legal phenomenon involves what is defined as `the paradox of the two paradigms of law', which determines a share of concepts, tools and remedies amongst legal systems.
Download or read book Undeniable Atrocities written by and published by . This book was released on 2016 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Since the Mexican government escalated its war on organized crime at the end of 2006, over 150,000 Mexicans have been intentionally murdered. Countless thousands of others have been tortured; no one knows how many have disappeared. Caught between government forces and organized crime cartels, the Mexican people have suffered as atrocities and impunity reign. Based on three years of research, over 100 interviews, and previously unreleased government documents, this report finds a reasonable basis to believe that government forces and members of criminal cartels have perpetrated crimes against humanity in Mexico. The report comprehensively examines why there has been so little justice for atrocity crimes, and finds the main answers in political obstruction. Given the lack of political will to end impunity, new approaches must be taken. The report argues for a series of institutional changes, most importantly the creation of an internationalized investigative body, based inside Mexico, with powers to independently investigate and prosecute atrocity crimes."--Page 4 of cover.
