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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (141 download)
Download or read book Activismo judicial: cómo deciden los tribunales constitucionales en América Latina written by and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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Publisher :
ISBN 13 : 9786074682557
Total Pages : 562 pages
Book Rating : 4.6/5 (825 download)
Download or read book Tribunales constitucionales en América Latina written by and published by . This book was released on 2010 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Francisca Pou Giménez
Publisher : Taylor & Francis
ISBN 13 : 104001058X
Total Pages : 262 pages
Book Rating : 4.0/5 (4 download)
Download or read book Women, Gender, and Constitutionalism in Latin America written by Francisca Pou Giménez and published by Taylor & Francis. This book was released on 2024-04-30 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses to what extent and how constitutional design and practice in Latin America have helped in combatting the subordination of women and LGBTQIA+ people. Covering 11 jurisdictions, the chapters identify the main elements of the constitutional gender order and survey jurisprudential and legislative developments in different areas, incorporating contextual analysis and references to history, political dynamics, social movements, feminist struggles, normative efficacy, and policy. In the context of a constitutionalism that has been celebrated as particularly innovative and socially engaged, the book assesses constitutional performance in the quest to supersede the separate gendered spheres tradition and the subordination of women and sexual minorities to heteronormative hegemony. It fills an important gap in the field of gender and constitutionalism, which has paid very little attention to Latin America compared to the Anglo-American legal world and continental Europe. It identifies regional trends, but also variables which account for the diversity of approaches in various jurisdictions. The book provides much-needed insight into matters that are relevant for legal and socio-legal scholars, an ever-growing number of social actors and movements, and all those interested in comparative constitutionalism and in the intersections between law and gender.
Author :
Publisher : Oxford University Press
ISBN 13 : 0192691031
Total Pages : 641 pages
Book Rating : 4.1/5 (926 download)
Download or read book Global Canons in an Age of Contestation written by and published by Oxford University Press. This book was released on 2024-06-26 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative constitutionalism emerged in its current form against the backdrop of the fall of the Berlin Wall and the end of the Cold War. As that backdrop recedes into the past, it is being replaced by a more multi-polar and confusing world, and the current state of the discipline of comparative constitutionalism reflects this fragmentation and uncertainty. This has opened up space for new, more varied, and increasingly critical voices seeking to improve the project of democratic constitutionalism. But it also raises questions: What of the past, if anything, is worth preserving? Which more recent parts should be defining of the field? In this context, this book asks which are - or should be - the canonical texts of comparative constitutionalism. The theoretical scope of the contributions is broad and ambitious, selecting primary material from beyond the existing textbooks to engage the concept of a canon. This framework provides significant insights about inclusion and exclusion, and proposes candidates for canonical and anti-canonical materials. The result is a wide-ranging discussion, among many voices, of how particular judgments and other primary texts have shaped or should shape our understanding of central elements of democratic constitutionalism from a comparative law perspective. This book is not a prescription of one universal understanding, but a broader conversation about the field and the future of constitutional democracy.
Author : Rainer Arnold
Publisher : Springer
ISBN 13 : 3319551868
Total Pages : 444 pages
Book Rating : 4.3/5 (195 download)
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.
Author : Barbara Sutton
Publisher : Routledge
ISBN 13 : 1000404463
Total Pages : 222 pages
Book Rating : 4.0/5 (4 download)
Download or read book Abortion and Democracy written by Barbara Sutton and published by Routledge. This book was released on 2021-08-05 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Abortion and Democracy offers critical analyses of abortion politics in Latin America’s Southern Cone, with lessons and insights of wider significance. Drawing on the region’s recent history of military dictatorship and democratic transition, this edited volume explores how abortion rights demands fit with current democratic agendas. With a focus on Argentina, Chile, and Uruguay, the book’s contributors delve into the complex reality of abortion through the examination of the discourses, strategies, successes, and challenges of abortion rights movements. Assembling a multiplicity of voices and experiences, the contributions illuminate key dimensions of abortion rights struggles: health aspects, litigation efforts, legislative debates, party politics, digital strategies, grassroots mobilization, coalition-building, affective and artistic components, and movement-countermovement dynamics. The book takes an approach that is sensitive to social inequalities and to the transnational aspects of abortion rights struggles in each country. It bridges different scales of analysis, from abortion experiences at the micro level of the clinic or the home to the macro sociopolitical and cultural forces that shape individual lives. This is an important intervention suitable for students and scholars of abortion politics, democracy in Latin America, gender and sexuality, and women’s rights.
Author : Amrei Müller
Publisher : Cambridge University Press
ISBN 13 : 1107173582
Total Pages : 641 pages
Book Rating : 4.1/5 (71 download)
Download or read book Judicial Dialogue and Human Rights written by Amrei Müller and published by Cambridge University Press. This book was released on 2017-05-25 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive analysis of the extent, method, purpose and effects of domestic and international courts' judicial dialogue on human rights.
Author : David John Harris
Publisher : Oxford University Press on Demand
ISBN 13 : 9780198265528
Total Pages : 588 pages
Book Rating : 4.2/5 (655 download)
Download or read book The Inter-American System of Human Rights written by David John Harris and published by Oxford University Press on Demand. This book was released on 1998 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, which can be used as a text for teaching purposes, gives a fascinating, and authoritative treatment both the rights protected by the Inter-American system and of the way in which its institutions work. An important part of the book is a thorough, article by article account of the guarantee in the American Declaration of the Rights and Duties of Man and in the American Convention on Human Rights of civil, political, economic, social and cultural rights in the light of the jurisprudence of the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights, and of the Commission's many country reports on the human rights situation in particular states. There are also chapters on the rights of indigenous peoples, amnesty laws and states of emergencies. The evolution and current methods of work of the Commission and the Court are set out at length and their achievements are critically assessed. The role of non-governmental organisations is also examined in this context. The book will be invaluable to all those interested in the protection of human rights in the Americas and international human rights law generally.
Author : Kemal Gözler
Publisher : Kemal Gözler
ISBN 13 : 9944141739
Total Pages : 142 pages
Book Rating : 4.9/5 (441 download)
Download or read book Judicial Review of Constitutional Amendments written by Kemal Gözler and published by Kemal Gözler. This book was released on 2008 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph is an attempt to answer the following questions: Can constitutional courts review the constitutionality of constitutional amendments? If yes, to what extent? It is endeavored, in a comparative perspective, to answer these questions by examining the constitutions of several countries and the case law of the Austrian, German, Hungarian, Romanian, Slovenian and Turkish Constitutional Courts, French Constitutional Council, Indian, Irish, and the United States Supreme Courts.
Author : Alec Stone Sweet
Publisher : Oxford University Press, USA
ISBN 13 : 0195070348
Total Pages : 326 pages
Book Rating : 4.1/5 (95 download)
Download or read book The Birth of Judicial Politics in France written by Alec Stone Sweet and published by Oxford University Press, USA. This book was released on 1992 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: The French Constitutional Council, a quasi-judicial body created at the dawn of the Fifth Republic, functioned in relative obscurity for almost two decades until its emergence in the 1980s as a pivotal actor in the French policymaking process. Alec Stone focuses on how this once docile institution, through its practice of constitutional review, has become a meaningfully autonomous actor in the French political system. After examining the formal prohibition against judicial review in France, Stone illustrates how politicians and the Council have collaborated over the course of the last decade, often unintentionally and in the service of contradictory agendas, to significantly enhance Council's power. While the Council came to function as a third house of Parliament, the legislative work of the government and Parliament was meaningfully "juridicized." Through a discussion of broad theoretical issues, Stone then expands the scope of his analysis to the politics of constitutional review in Germany, Spain, and Austria.
Author : Maigul Nugmanova
Publisher : BoD – Books on Demand
ISBN 13 : 1839690410
Total Pages : 321 pages
Book Rating : 4.8/5 (396 download)
Download or read book Education, Human Rights and Peace in Sustainable Development written by Maigul Nugmanova and published by BoD – Books on Demand. This book was released on 2020-11-19 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aim of sustainable development is to balance our economic, environmental and social needs, allowing prosperity for current and future generations. Countries must be allowed to meet their basic needs of employment, food, energy, water and sanitation. There is a clear relationship between the three topics of the book: right to education has been recognized as a human right - education has a role in peace-building. Additionally, education, human rights and peace have a significant role in sustainable development. The United Nations have defined a broad range of internationally accepted rights, including civil, cultural, economic, political and social rights. However, this book demonstrates that there are still people and nations not respecting the Universal Declaration of Human Rights. Chapters from Brazil, Cameroon, Ethiopia, Kazakhstan, Israel, Peru, Russia and South-Africa cover topics like civil war, human abuses, the vulnerability of indigenous people, abortion, epilepsy, food security, lack of health equities in maternal and child health, and democracy or lack of it. We sincerely hope that this book will contribute to the joint pursuit of humanity to make the world better after we all get over the coronavirus pandemic.
Author : Sabine Klotz
Publisher : transcript Verlag
ISBN 13 : 3839440548
Total Pages : 427 pages
Book Rating : 4.8/5 (394 download)
Download or read book Healthcare as a Human Rights Issue written by Sabine Klotz and published by transcript Verlag. This book was released on 2017-11-30 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with various facets of the human right to health: its normative profile as a universal right, current political and legal conflicts and contextualized implementation in different healthcare systems. The authors come from different countries and disciplines - law, political science, ethics, medicine etc. - and bring together a broad variety of academic and practical perspectives. The volume contains selected contributions of the international conference "The Right to Health - an Empty Promise?" held in September 2015 in Berlin and organized by the Emerging Field Initiative Project "Human Rights in Healthcare" (University of Erlangen-Nürnberg).
Author : Maria Dakolias
Publisher : Hoover Press
ISBN 13 : 9780817957032
Total Pages : 40 pages
Book Rating : 4.9/5 (57 download)
Download or read book Judicial reform in Latin America written by Maria Dakolias and published by Hoover Press. This book was released on with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: An essay on the need for a well functioning judiciary system in Latin America.
Author : Erin F. Delaney
Publisher : Edward Elgar Publishing
ISBN 13 : 1788110609
Total Pages : 463 pages
Book Rating : 4.7/5 (881 download)
Download or read book Comparative Judicial Review written by Erin F. Delaney and published by Edward Elgar Publishing. This book was released on 2018 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional courts around the world play an increasingly central role in day-to-day democratic governance. Yet scholars have only recently begun to develop the interdisciplinary analysis needed to understand this shift in the relationship of constitutional law to politics. This edited volume brings together the leading scholars of constitutional law and politics to provide a comprehensive overview of judicial review, covering theories of its creation, mechanisms of its constraint, and its comparative applications, including theories of interpretation and doctrinal developments. This book serves as a single point of entry for legal scholars and practitioners interested in understanding the field of comparative judicial review in its broader political and social context.
Author : Heinz Klug
Publisher : Cambridge University Press
ISBN 13 : 9780521786430
Total Pages : 292 pages
Book Rating : 4.7/5 (864 download)
Download or read book Constituting Democracy written by Heinz Klug and published by Cambridge University Press. This book was released on 2000 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the role of constitutionalism in facilitating political change in South Africa.
Author : Mark Tushnet
Publisher : Princeton University Press
ISBN 13 : 1400828155
Total Pages : 288 pages
Book Rating : 4.4/5 (8 download)
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.
Author : Alejandra Ramm
Publisher : Springer
ISBN 13 : 3030214028
Total Pages : 296 pages
Book Rating : 4.0/5 (32 download)
Download or read book Motherhood, Social Policies and Women's Activism in Latin America written by Alejandra Ramm and published by Springer. This book was released on 2019-07-10 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a critical resource for understanding the relationship between gender, social policy and women’s activism in Latin America, with specific reference to Chile. Latin America’s mother-centered kinship system makes it an ideal field in which to study motherhood and maternalism—the ways in which motherhood becomes a public policy issue. As maternalism embraces and enhances gender differences, it has been criticized for deepening gender inequalities. Yet invoking motherhood continues to offer an effective strategy for advancing women’s living conditions and rights, and for women themselves to be present in the public sphere. In analyzing these important relationships, the contributors to this volume discuss maternal health, sexual and reproductive rights, labor programs, paid employment, women miners’ unionization, housing policies, environmental suffering, and LGBTQ intimate partner violence.
