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Constitutional Jurisprudence In The Supreme Court Of Venezuela
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Book Synopsis Constitutional Jurisprudence in the Supreme Court of Venezuela by : Nelson Richard Dordelli Rosales
Download or read book Constitutional Jurisprudence in the Supreme Court of Venezuela written by Nelson Richard Dordelli Rosales and published by . This book was released on 2013 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The prime focus of this dissertation consists in exploring constitutional jurisprudence in the Supreme Court of Venezuela over the last five decades, making use of arguments drawn from Venezuelan history and the existing jurisprudential approaches to theories about the general character of law as integrated in numerous public law cases. This study offers a new approach, one that focuses on ensuring that fundamental constitutional principles are aligned with the concrete objectives (purposes) that the Constitution sets out to achieve. This account is developed through a theoretical framework comprising of: I. A historical overview from independence (1811) to democratization (1947 and beyond), emphasizing the fundamentals of the Constitutions of 1961 and 1999, to portray a vivid and accurate picture of the origins of Venezuela's constitutional democracy; II. A survey, of constitutional cases that illustrates the evolution of the Venezuelan constitutional jurisprudence under the overt or subliminal use of certain default legal theories, namely, legal positivism in the era of the 1961 Constitution, legal realism and Ronald Dworkin's adjudication theory in the era of the 1999 Constitution III. An insightful discussion of the main arguments of Ronald Dworkin's principled theory and Justice Aharon Barak's purposive theory, in an effort to build theorectical support, which links the various points of their respective theories in order to articulate one in the context of the Venezuelan jurisprudence; IV An original attempt to build a theoretical approach based on the Venezuelan constitutional system, history, culture, and identity to bring together the priorities of formalism, particularly the written principles of the Constitution and the priorities of functionalism and social welfare. This is to ensure that the Supreme Court decides accordingly with the constitutional principles as much as their underlying purposes to provide solutions to legal conundrums.
Book Synopsis Constitutional Law in Venezuela by : Allan R. Brewer-Carías
Download or read book Constitutional Law in Venezuela written by Allan R. Brewer-Carías and published by Kluwer Law International B.V.. This book was released on 2023-08-20 with total page 637 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 Venezuela 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 Venezuela will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.
Book Synopsis Constitution of the Republic of Venezuela, 1961 by : Venezuela
Download or read book Constitution of the Republic of Venezuela, 1961 written by Venezuela and published by . This book was released on 1961 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Constitutional Chamber and the Erosion of Democracy in Venezuela by : Jesús María Casal Hernández
Download or read book The Constitutional Chamber and the Erosion of Democracy in Venezuela written by Jesús María Casal Hernández and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This article analyses the role played by the Constitutional Chamber of the Supreme Court of Justice in the dismantling of democracy in Venezuela. The decisions of the Chamber are examined from the standpoint of their impact on the fundamental dimensions of constitutional democracy. For this purpose, the political-institutional context in which the Constitutional Chamber has acted is explained, and the successive packings to which it has been subjected since its installation are highlighted. Its performance is placed in a comparative perspective with respect to other constitutional courts or chambers that have participated in the erosion of democracy and the Rule of Law. All this reveals the key support that the Constitutional Chamber has provided to enhance the governmental power and diminish the political pluralism, at the expense of the counterbalances and institutional controls as well as the fundamental rights. Unlike the views that warn about the authoritarian advance of this Chamber in recent years, after a supposed initial phase of relative independence, this article intends to recognise lines of continuity in the jurisprudence that this Chamber has established since its creation regarding the undermining of constitutional democracy. After confirming the continuity of the authoritarian role of this Chamber, which has shown various facets as the circumstances have demanded, the article also focuses on the conceptual and procedural foundations on which the Constitutional Chamber based itself to fulfil that function. The work concludes reflecting on the task that a new Constitutional Chamber could carry out in a possible scenario of political transition in Venezuela.
Book Synopsis Rigging the Rule of Law by : Human Rights Watch (Organization)
Download or read book Rigging the Rule of Law written by Human Rights Watch (Organization) and published by Human Rights Watch. This book was released on 2004 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt: Main recommendations. -- International norms on judicial independence. The OAS and the Inter-American Democratic Charter -- International human rights treaties. -- Background. The Judiciary's disreputable past -- Declaring a judicial emergency -- Political polarization under Chávez. -- Disposable judges. Provisional judgeships -- Judges summarily fired -- Second highest court shut down. -- Separation of powers under assault. Power to pack the court -- Power to purge the court -- Implications for the referendum. -- Recommendations. To President Hugo Chávez Frías -- To the Supreme Court -- To international lending agencies -- To the Organization of American States -- Acknowledgements.
Book Synopsis Constitutional Law in Venezuela by : Allan R. Brewer-Carías
Download or read book Constitutional Law in Venezuela written by Allan R. Brewer-Carías and published by . This book was released on 2012 with total page 0 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 Venezuela provides essential information on the country's sources of constitutional law, its form of governme
Book Synopsis THE DEFENSE OF THE RIGHTS AND INTEREST OF THE VENEZUELAN STATE BY THE INTERIM GOVERNMENT BEFORE FOREIGN COURTS. 2019-2020 by : José Ignacio Hernández G.
Download or read book THE DEFENSE OF THE RIGHTS AND INTEREST OF THE VENEZUELAN STATE BY THE INTERIM GOVERNMENT BEFORE FOREIGN COURTS. 2019-2020 written by José Ignacio Hernández G. and published by Fundacion Editorial Juridica Venezolana. This book was released on 2020-10-08 with total page 538 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes the defense of the rights and interest of the Venezuelan Interim Government established according to the February 2019 "Statute that Governs the Transition to Democracy to Restore the Enforcement of the Constitution of the Bolivarian Republic of Venezuela" issued by the National Assembly of Venezuela, before foreign courts. The book analyses the matter not only from the Venezuelan Constitutional and Administrative Law perspective, but also from the general principles of government recognition in International Law as well as in the United States and the United Kingdom Law.According to the decisions of the National Assembly, on January 23, 2019, several countries recognized the speaker of the National Assembly of Venezuela as the Interim President of the country, based on the constitutional interpretation adopted by the National Assembly according to which, due to the illegitimacy of the presidential election held on May 20, 2018, the speaker should assume the presidency of Venezuela according to Article 233 of the Constitution, to promote the restoration of the rule of law, according to Article 333 of the 1999 Constitution. Shortly after, the National Assembly approved a special Law to regulate the process of transition and the functions of the Interim President, the Transition Statute.Because at that time Venezuela was involved in complex litigations in the United States based on claims filed by the legacy creditors, the political recognition of the Interim President become a question of law. Considering the precedents about government recognition and the act of state doctrine, the United States Judiciary accepted the Interim President as the exclusive representative of Venezuela and considered the decisions adopted by the National Assembly and the Interim President as valid and binding ones. The United Kingdom Judiciary adopted a similar decision. Accordingly, between 2019 and 2020, foreign courts derived legal and practical consequences from the political statements of recognitions issued since January 2019.
Book Synopsis Constitutional Law in Venezuela by : Ernst Joseph Cohn
Download or read book Constitutional Law in Venezuela written by Ernst Joseph Cohn and published by . This book was released on 1947 with total page 7 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Jurisprudence of the Supreme Court of Venezuela on the Unemployment of "cesantia Clause". by : Venezuela. Corte Federal y de Casación
Download or read book Jurisprudence of the Supreme Court of Venezuela on the Unemployment of "cesantia Clause". written by Venezuela. Corte Federal y de Casación and published by . This book was released on 1948 with total page 8 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Law and Legitimacy in the Supreme Court by : Richard H. Fallon
Download or read book Law and Legitimacy in the Supreme Court written by Richard H. Fallon and published by Harvard University Press. This book was released on 2018-02-19 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legitimacy and judicial authority -- Constitutional meaning : original public meaning -- Constitutional meaning : varieties of history that matter -- Law in the Supreme Court : jurisprudential foundations -- Constitutional constraints -- Constitutional theory and its relation to constitutional practice -- Sociological, legal, and moral legitimacy : today and tomorrow
Book Synopsis Venezuela's Chavismo and Populism in Comparative Perspective by : Kirk A. Hawkins
Download or read book Venezuela's Chavismo and Populism in Comparative Perspective written by Kirk A. Hawkins and published by Cambridge University Press. This book was released on 2010-04-12 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the populist movement of Hugo Chávez in Venezuela and argues that populism is primarily a response to widespread corruption. It defends a definition of populism as a set of ideas and measures populism across Venezuela and other countries. It also explores the influence of populist ideas on political organization and policy.
Book Synopsis Comparative Constitutional Reasoning by : András Jakab
Download or read book Comparative Constitutional Reasoning written by András Jakab and published by Cambridge University Press. This book was released on 2017-04-27 with total page 867 pages. Available in PDF, EPUB and Kindle. Book excerpt: To what extent is the language of judicial opinions responsive to the political and social context in which constitutional courts operate? Courts are reason-giving institutions, with argumentation playing a central role in constitutional adjudication. However, a cursory look at just a handful of constitutional systems suggests important differences in the practices of constitutional judges, whether in matters of form, style, or language. Focusing on independently-verified leading cases globally, a combination of qualitative and quantitative analysis offers the most comprehensive and systematic account of constitutional reasoning to date. This analysis is supported by the examination of eighteen legal systems around the world including the European Court of Human Rights and the European Court of Justice. Universally common aspects of constitutional reasoning are identified in this book, and contributors also examine whether common law countries differ to civil law countries in this respect.
Book Synopsis Constitutional Reasoning in Latin America and the Caribbean by : Johanna Fröhlich
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 535 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.
Book Synopsis Constitutional Identity by : Gary J. Jacobsohn
Download or read book Constitutional Identity written by Gary J. Jacobsohn and published by Harvard University Press. This book was released on 2010-10-25 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Argues that a constitution acquires an identity through experience--from a mix of the political aspirations and commitments that express a nation's past and the desire to transcend that past. It is changeable but resistant to its own destruction and manifests itself in various ways, as Jacobsohn shows in examples as far flung as India, Ireland, Israel, and the United States. Jacobsohn argues that the presence of disharmony--both the tensions within a constitutional order and those that exist between a constitutional document and the society it seeks to regulate--is critical to understnading the theory and dynamics of constitutional identity"--Jacket.
Book Synopsis Constitutional Courts in Asia by : Albert H. Y. Chen
Download or read book Constitutional Courts in Asia written by Albert H. Y. Chen and published by Cambridge University Press. This book was released on 2018-09-20 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative, systematic and critical analysis of constitutional courts and constitutional review in Asia.
Book Synopsis The Supreme Court and the Attitudinal Model Revisited by : Jeffrey A. Segal
Download or read book The Supreme Court and the Attitudinal Model Revisited written by Jeffrey A. Segal and published by Cambridge University Press. This book was released on 2002-09-16 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two leading scholars of the Supreme Court explain and predict its decision making.
Download or read book Freedom's Law written by Ronald Dworkin and published by Harvard University Press. This book was released on 1996 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dworkin claims that Americans have been systematically misled about what their Constitution is and how judges interpret it. In discussions of constitutional cases and general constitutional principles, he argues that a distinctly American version of government based on a "moral" reading of the Constitution offers the best definition of democracy.
