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Derechos Fundamentales Principios Y Argumentacion
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Book Synopsis Tres escritos sobre los derechos fundamentales y la teoría de los principios by : Robert Alexy
Download or read book Tres escritos sobre los derechos fundamentales y la teoría de los principios written by Robert Alexy and published by Universidad Externado. This book was released on 2003-01-01 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adentrándose en la disertación acerca de los derechos fundamentales, se entenderán estos como principios de optimización que ordenan en su mayoría la relación jurídica fáctica, lo que permitirá entender que no existen derechos absolutos, que es imprescindible su interacción y que la intervención del Estado se legitima mientras se respete el principio de proporcionalidad.
Book Synopsis El principio de proporcionalidad y los derechos fundamentales. El principio de proporcionalidad como criterio para determinar el contenido de los derechos fundamentales vinculante para el Legislador, 4.ª ed. by : Carlos Bernal Pulido
Download or read book El principio de proporcionalidad y los derechos fundamentales. El principio de proporcionalidad como criterio para determinar el contenido de los derechos fundamentales vinculante para el Legislador, 4.ª ed. written by Carlos Bernal Pulido and published by U. Externado de Colombia. This book was released on 2014-06-19 with total page 27 pages. Available in PDF, EPUB and Kindle. Book excerpt: Este libro investiga si el principio de proporcionalidad es un criterio adecuado para la interpretación y aplicación de los derechos fundamentales, sobre todo frente a las decisiones políticas adoptadas por el Legislador. Tras fundamentar una respuesta positiva a este interrogante, sobre la base de las ventajas que el principio de proporcionalidad ofrece en comparación con otros criterios alternativos, esta obra propone una teoría de la proporcionalidad. Se trata de una metodología de argumentación constitucional que conduce a una interpretación y a una aplicación de los derechos fundamentales racional y respetuosa de las competencias del Legislador y de los demás poderes públicos y privados.
Book Synopsis La argumentación y los derechos fundamentales by : Robert Alexy
Download or read book La argumentación y los derechos fundamentales written by Robert Alexy and published by . This book was released on 2010 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Debating Laws by : A. Daniel Oliver-Lalana
Download or read book Debating Laws written by A. Daniel Oliver-Lalana and published by Springer Nature. This book was released on 2024-02-02 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to explore the potential and actual value of parliamentary debates as a source of legislative justification. Drawing on a sample of recent Spanish legislation, the papers collected here analyse (critically) the rationale of several laws or legislative measures as it can be reconstructed from the respective parliamentary discussions. All issues covered have given rise to intense political, legal and social controversy: they range from the combat against gender violence, the legal status of bullfighting, the protection of crime victims and the so-called ‘push-backs’ at the border, to the regulation of euthanasia, the minimum living income, underage girls’ access to abortion, and joint child custody. The volume is organised into two main parts. The first group of case studies adopt a legisprudential perspective and examine parliamentary deliberations in the light of the theory and methodology of legislative justification; the contributions in the second part follow approaches that fall outside – but are largely compatible with –legisprudence, and deal with aspects such as the rhetorical strategies employed by MPs when debating bills, and the role of elected legislators as constitutional interpreters.
Book Synopsis Proportionality in Law by : David Duarte
Download or read book Proportionality in Law written by David Duarte and published by Springer. This book was released on 2018-07-30 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the principle of proportionality, which is currently one of the most important instruments of judicial review, from both analytical and theory of law perspectives. As such, the analysis provided is far more comprehensive and can be applied to all areas of law, not just constitutional law. On the one hand, the volume offers a broad perspective on several aspects related to proportionality, such as its structure, the balancing methodology and the distinction between rules and principles. On the other, it provides an innovative, normativist and analytical approach to proportionality, helping readers understand its structure and behaviour.
Book Synopsis Transformative Constitutionalism in Latin America by : Armin von Bogdandy
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 2017-06-16 with total page 448 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.
Book Synopsis Judicial Activism by : Luís Pereira Coutinho
Download or read book Judicial Activism written by Luís Pereira Coutinho and published by Springer. This book was released on 2015-05-26 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers different perspectives on judicial practice in the European and American contexts, both arguably characterized in the last decades by the emergence of novel normative and even policy arguments by judges. The central question deserving the attention of the contributors concerns the degree in which judicial exercises in practical reasoning may amount to forms of judicial usurpation of the legislative function by courts. Since different views as to the nature and scope of legal reasoning lead to different degrees of tolerance regarding what should be admissible to courts, that same nature and scope is thoroughly debated. The main disciplinary approach is that of general jurisprudence, but the contributions take stock of other disciplines in which judicial activism has been addressed, namely positive theories of judicial behavior. Accordingly, the book also explores the development of interdisciplinary dialogue about the theme.
Book Synopsis Exploring the Province of Legislation by : Francesco Ferraro
Download or read book Exploring the Province of Legislation written by Francesco Ferraro and published by Springer Nature. This book was released on 2022-01-12 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legisprudence considers a variety of perspectives and relies on contributions from numerous different disciplines. Rather than providing examples of the various possible approaches to legisprudential studies, this book – bringing together lawyers and legal theorists from seven different countries – highlights two aspects of the many disciplines involved. Firstly, it discusses theoretical abstraction, which borders on, or enters into the realm of full-fledged philosophical speculation. Secondly, it examines empirical observation of specific cases, precisely situated regarding their spatial or historical collocation, or referring to a particular species of legislative policy. Focusing on legislation both as a process and as a result, the aim of the book is twofold: on the one hand, it demonstrates that, far from being a purely theoretical and exclusively academic intellectual enterprise, legisprudence can offer criteria for both assessing and improving the quality of real-world legislation. On the other hand, it shows how lawmaking is at least as interesting and legitimate a field of inquiry as adjudication and interpretation of laws for legal theorists and philosophers of law, and that they are already equipped with extremely valuable intellectual tools for fruitful legisprudential inquiry. The book is organized in two parts. The first part comprises legal-theoretical accounts on general aspects of legislation as a process and as a result. The second part presents contributions focusing on specific experiences of evaluations of legislative quality and contributions to the legislature’s work on the part of the public, as well as on particular legislative policies, methodologies in lawmaking, and problems regarding legislation as an instrument.
Book Synopsis A Three-Dimensional Theory of Law by : María José Falcon y Tella
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 construct a “material” theory of law.
Book Synopsis Rule of Law, Human Rights and Judicial Control of Power by : Rainer Arnold
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 446 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.
Book Synopsis Reasonableness and interpretation by :
Download or read book Reasonableness and interpretation written by and published by LIT Verlag Münster. This book was released on 2003 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2002 issue of the Yearbook concerns the notion of reasonableness in philosohical, legal and economic domains. After going back over the main definition of the concept of reasonable in greek philosophy, the analysis carried out in this volume deals with the role played by the notion of reasonableness in practical philosophy and namely according to hermeneutical view of it. With regard to legal field, the notion of reasonableness is a core notion in constitutional law and it assumes specific meanings in private, criminal, international, and administrative law. Reasonableness turns out to be crucial with regard to many topics, such as interpretation of rights, balancing of fundamental rights, and interpretation of standards.
Book Synopsis Estado laico, democracia y derechos fundamentales by : María Teresa Vizcaíno López
Download or read book Estado laico, democracia y derechos fundamentales written by María Teresa Vizcaíno López and published by Lulu.com. This book was released on 2010 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Derechos fundamentales y estado by : Miguel Carbonell
Download or read book Derechos fundamentales y estado written by Miguel Carbonell and published by . This book was released on 2002 with total page 922 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Inter-American Yearbook on Human Rights / Anuario Interamericano de Derechos Humanos, Volume 29 (2013) by : Inter-American Commission on Human Rights
Download or read book Inter-American Yearbook on Human Rights / Anuario Interamericano de Derechos Humanos, Volume 29 (2013) written by Inter-American Commission on Human Rights and published by BRILL. This book was released on 2022-11-28 with total page 912 pages. Available in PDF, EPUB and Kindle. Book excerpt: The print edition is available as a set of three volumes (9789004302020).
Book Synopsis Inter-American Yearbook on Human Rights / Anuario Interamericano de Derechos Humanos, Volume 24 (2008) by : Inter-American Commission on Human Rights
Download or read book Inter-American Yearbook on Human Rights / Anuario Interamericano de Derechos Humanos, Volume 24 (2008) written by Inter-American Commission on Human Rights and published by BRILL. This book was released on 2022-08-22 with total page 977 pages. Available in PDF, EPUB and Kindle. Book excerpt: The print edition is available as a set of two volumes (9789004249134).
Book Synopsis Inter-American Yearbook on Human Rights / Anuario Interamericano de Derechos Humanos, Volume 18 (2002) by : Inter-American Commission on Human Rights
Download or read book Inter-American Yearbook on Human Rights / Anuario Interamericano de Derechos Humanos, Volume 18 (2002) written by Inter-American Commission on Human Rights and published by BRILL. This book was released on 2022-10-24 with total page 741 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :Fabio Carvalho de Alvarenga Peixoto Publisher :Fabio Carvalho de Alvarenga Peixoto ISBN 13 :650086817X Total Pages :400 pages Book Rating :4.5/5 (8 download)
Book Synopsis Abuse of Fundamental Rights by : Fabio Carvalho de Alvarenga Peixoto
Download or read book Abuse of Fundamental Rights written by Fabio Carvalho de Alvarenga Peixoto and published by Fabio Carvalho de Alvarenga Peixoto. This book was released on 2023-11-20 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is an adaptation of part of the author's PhD thesis, which won the international prize Prémio FIBE, and was voted one of the three best in Brazil, in the field of Law, in 2023. It addresses the appropriation of the private law notion of abuse of rights by the theory of fundamental rights. It also presents guidelines for an appropriate use of the discourse of abuse of fundamental rights (highly dependent on a Dogmatics of scope, approached according to a model of groups of cases). Fabio Carvalho de Alvarenga Peixoto PhD in Constitutional Law (Universidade de Fortaleza - Brazil). State Attorney. Private lawyer. Winner of the international prize Prémio FIBE, and of an honorable mention in the Capes (Brazilian Ministry of Education) PhD Thesis Award 2023. INTRODUCTION 1 THE GENERAL NOTION OF ABUSE OF FUNDAMENTAL RIGHTS 1.1 Admission by Literature of the Abuse of Fundamental Rights 1.1.1 Unconscious phase 1.1.2 Constructive Phase of Incipient Dogmatization 1.1.3 Constructive Phase of Peripheral Systematization 1.2 Delimitation of the Abuse of Fundamental Rights in the Face of the Verwirkung of Fundamental Rights 1.3 Presuppositions of the Notion of Abuse of Fundamental Rights 1.3.1 Fundamental Right Permission Granted by ‘Abstract’ Interpretation of the Constitutional (or with Constitutional Status) Text or of a Judicial Decision Interpreting the Constitution 1.3.2 Prohibition ‘Discovered’ by Judge, Outside the Limits of ‘Abstract’ Interpretation of the Normative Text 2 FROM PRIVATE LAW DOCTRINES OF ABUSE OF RIGHTS TO A THEORY OF ABUSE OF FUNDAMENTAL RIGHTS 2.1 The Effectiveness of Fundamental Rights Between Private Individuals (Drittwirkung) as a Bridge Between Private Law Doctrines of Abuse of Rights and the Theory of Fundamental Rights 2.2 Problems of Using the Approaches of the Private Law Doctrines of Abuse of Rights in the Theory of Fundamental Rights 2.2.1 The Problem of the Controllability of State Interventions in Fundamental Rights 2.2.1.1 Creation of Law Outside the Limits of the Normative Text 2.2.1.2 Lack of Control Parameters of the Definitory Approaches 2.2.2 The Problem of the Risk of Eliminating the Individual Function of the Fundamental Right 2.2.3 The Problem of the Confusion with the Dogmatics of the Limits of Fundamental Rights 2.2.3.1 Dogmatic Autonomy of Abuse of Fundamental Rights vis-à-vis the Doctrines of Limits of Fundamental Rights 2.2.3.2 The Relation Between Abuse of Fundamental Rights and Dogmatic Conceptions of the Broadness of the Tatbestände of Fundamental Rights 3 CONTROL OF THE RATIONALITY OF THE DISCOURSE OF ABUSE OF FUNDAMENTAL RIGHTS AS A JUSTIFICATORY “SHORTCUT” 3.1 Needless for a Constitutional General Clause to Restrain Abuse of Fundamental Rights 3.2 The Need for a Singular Dogmatics 3.3 Identification of the Abuse of Fundamental Rights as a Task of Peripheral Systematization Grounded on Concrete Evaluations 4 UNACCEPTABLE APPROACHES TO THE ABUSE OF FUNDAMENTAL RIGHTS 4.1 Abuse of Fundamental Rights Without Parameters 4.2 Abuse of Fundamental Rights as Inadmissible Form of Exercise 4.3 Abuse of Fundamental Rights as Synonym for Exceeding a Limit 4.4 Abuse of Fundamental Rights as Typical Unlawfulness 4.5 Abuse of Fundamental Rights as Fraud Against the Law 4.6 Abuse of Fundamental Rights as Unreasonableness 4.7 Abuse of Fundamental Rights as Result of Alexyan Balancing 4.8 Abuse of Fundamental Rights as Disproportionality (Abuse of Fundamental Rights as Result of Means-End Balancing) 5 ACCEPTABLE APPROACHES TO THE ABUSE OF FUNDAMENTAL RIGHTS 5.1 Inadmissible Harmful Intent 5.2 Dogmatization of the Normative Scope 5.2.1 Direct Dogmatization 5.2.2 Indirect Dogmatization 5.3 Violation of Objective Good Faith 5.4 Violation of Good Customs 6 GROUPS OF ABUSE OF FUNDAMENTAL RIGHTS CASES AS LIMITS OF THE LIMITS CONCLUSION
