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Derechos Fundamentales Y Justicia Constitucional
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Book Synopsis Constitutional Questions in Latin America and Peru by : César Landa
Download or read book Constitutional Questions in Latin America and Peru written by César Landa and published by Cambridge Scholars Publishing. This book was released on 2024-06-26 with total page 547 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book delves into constitutional essays focused on Latin America, with a particular emphasis on Peru. It explores legal theories surrounding the development of human rights, rooted in constitutional pluralism. Drawing from the insights gathered by organizations within the Inter-American Human Rights System, notably the Court and the Commission, this examination extends to its impact on local judicial bodies, including the Judiciary and notably the Constitutional Court. These efforts aim to protect traditional civil and political rights alongside social rights. However, the work also addresses the ongoing challenge of safeguarding emerging rights, such as fundamental digital and environmental rights, while bolstering protections for vulnerable populations like migrants and the LGBTQ+ community. By adopting a holistic approach, the book aspires to serve as a valuable resource for academics, experts, students, and professionals engaged in the study and practice of Latin American Constitutionalism.
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 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.
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 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 2017-07-21 with total page 513 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 The Political System of Brazil by : Dana de la Fontaine
Download or read book The Political System of Brazil written by Dana de la Fontaine and published by Springer. This book was released on 2015-10-27 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents in-depth insights into the polity, politics and policies of the Brazilian political system. It reassesses the processes of change since the country's return to democracy in the 1980s, in the light of autocratic societal structures and suboptimal institutional design, on the one hand, and the political and economic achievements observed, on the other. In their contributions, top Brazilian and international scholars critically examine the development of the political system with a focus on the Lula and Rousseff administrations, and place their actions and failures in the socio-political and economic context so as to uncover the underlying institutional structures, constellations and diverging interests of actors on various decision-making levels and in different political fields. It is the central aim of this book to present a differentiated portrait of the current political landscape and remaining contradictions in Latin America's largest country.
Book Synopsis Teoría del Estado by : Teresa M.G. Da Cunha Lopes
Download or read book Teoría del Estado written by Teresa M.G. Da Cunha Lopes and published by Lulu.com. This book was released on 2011-06-29 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: El objeto central de la Teoría del Estado es el conjunto de organizaciones formales, normas y procedimientos a través de los cuales se canaliza y manifiesta el poder público. Por lo tanto, el núcleo sobre el que se vertebra el estudio del Estado son las instituciones del sistema político, lo que induce al análisis de las relaciones entre éstas y los particulares, así como las relaciones entre el poder ejecutivo, legislativo y judicial. Son también objeto de la Teoría del Estado la organización territorial del poder, la Administración Pública en sus diferentes niveles, la constitución y el Derecho Público en general. Por último, para el conocimiento del sistema político es esencial el estudio de los factores dinámicos, como son los partidos políticos y los procesos electorales.
Book Synopsis Constitutional Law in Spain by : Agustín Ruiz Robledo
Download or read book Constitutional Law in Spain written by Agustín Ruiz Robledo and published by Kluwer Law International B.V.. This book was released on 2018-11-26 with total page 482 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 Spain 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 Spain will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.
Book Synopsis Introduction to the Law of Argentina by : Ursula Basset
Download or read book Introduction to the Law of Argentina written by Ursula Basset and published by Kluwer Law International B.V.. This book was released on 2018-09-10 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: Argentina’s new Civil and Commercial Code Código Civil y Comercial de la Nación has led to the adoption of a number of modern institutions in several branches of law. This book provides a review of them identifying the basic legal sources and concepts of Argentinian law as it stands today. It offers an up-to-date, systematic, and critical rendition of the principal branches of the law and provides the necessary historical background. With twelve chapters written by Argentinian experts in their respective fields of law, this is the ideal starting point for research whenever a question of Argentinian law must be answered. The authors clearly explain the legal customs, provisions, and rules arising in the following areas: - sources and history; – constitutional law; – administrative law; – law of the persons; – legal persons; – family law; – contract law; – law of property; – inheritance law; – criminal law; – procedural law; and – private international law. A detailed bibliography follows each chapter. This concise and practical guide is sure to provide interested parties with a speedy and reliable opening to whatever aspect of Argentinian law they need to research. It will be welcomed by practicing lawyers, business people, government officials, academic researchers, and law stu dents interested in an overview of Argentinian law and institutions.
Book Synopsis New Constitutionalism in Latin America by : Almut Schilling-Vacaflor
Download or read book New Constitutionalism in Latin America written by Almut Schilling-Vacaflor and published by Routledge. This book was released on 2016-04-29 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: Latin America has a long tradition of constitutional reform. Since the democratic transitions of the 1980s, most countries have amended their constitutions at least once, and some have even undergone constitutional reform several times. The global phenomenon of a new constitutionalism, with enhanced rights provisions, finds expression in the region, but the new constitutions, such as those of Bolivia, Colombia, Ecuador and Venezuela, also have some peculiar characteristics which are discussed in this important book. Authors from a number of different disciplines offer a general overview of constitutional reforms in Latin America since 1990. They explore the historical, philosophical and doctrinal differences between traditional and new constitutionalism in Latin America and examine sources of inspiration. The book also covers sociopolitical settings, which factors and actors are relevant for the reform process, and analyzes the constitutional practices after reform, including the question of whether the recent constitutional reforms created new post-liberal democracies with an enhanced human and social rights record, or whether they primarily serve the ambitions of new political leaders.
Book Synopsis Constitutionalism and the Paradox of Principles and Rules by : Marcelo Neves
Download or read book Constitutionalism and the Paradox of Principles and Rules written by Marcelo Neves and published by Oxford University Press. This book was released on 2021 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title tackles the dominant constitutional theories provided by Ronald Dworkin and Robert Alexy and presents a critical counterpoint. It considers the paradoxical relationship between principles and rules within constitutional theory. This is essential reading for those involved in constitutional adjudication involving rules and principles.
Book Synopsis The Dynamics of the EU Integration and the Impact on the National Constitutional Law by : Paola Bilancia
Download or read book The Dynamics of the EU Integration and the Impact on the National Constitutional Law written by Paola Bilancia and published by Giuffrè Editore. This book was released on 2012 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis On the Relation between the EU Charter of Fundamental Rights and National Fundamental Rights by : Alexander Heger
Download or read book On the Relation between the EU Charter of Fundamental Rights and National Fundamental Rights written by Alexander Heger and published by Springer Nature. This book was released on with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Constitutionalism of the Global South by : Daniel Bonilla Maldonado
Download or read book Constitutionalism of the Global South written by Daniel Bonilla Maldonado and published by Cambridge University Press. This book was released on 2013-04-18 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: Addresses the jurisprudence of the major courts of the Global South on the topics of access to justice, cultural diversity and socioeconomic rights.
Book Synopsis Five Republics and One Tradition by : Pablo Ruiz-Tagle
Download or read book Five Republics and One Tradition written by Pablo Ruiz-Tagle and published by Cambridge University Press. This book was released on 2021-10-21 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first comprehensive study of Chilean constitutional history in the English language.
Book Synopsis The National Judicial Treatment of the ECHR and EU Laws by : Giuseppe Martinico
Download or read book The National Judicial Treatment of the ECHR and EU Laws written by Giuseppe Martinico and published by Europa Law Publishing. This book was released on 2010 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: Have national judges started treating the provisions of the European Convention on Human Rights the same way they treat the EC law's norms? In order to answer this question, the editors of this book included scholars from the countries that are members both of the EU and the Council of Europe. The book collects the proceeding of an international conference held January 16-17, 2010, at the Scuola Superiore Sant'Anna of Pisa.
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 Cultures of Legality by : Javier Couso
Download or read book Cultures of Legality written by Javier Couso and published by Cambridge University Press. This book was released on 2010-04-30 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ideas about law are undergoing dramatic change in Latin America. The consolidation of democracy as the predominant form of government and the proliferation of transnational legal instruments have ushered in an era of new legal conceptions and practices. Law has become a core focus of political movements and policy-making. This volume explores the changing legal ideas and practices that accompany, cause, and are a consequence of the judicialization of politics in Latin America. It is the product of a three-year international research effort, sponsored by the Law and Society Association, the Latin American Studies Association, and the Ford Foundation, that gathered leading and emerging scholars of Latin American courts from across disciplines and across continents.
