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The Doctrine Of Conventionality Control
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Book Synopsis The Doctrine of Conventionality Control by : Pablo González-Domínguez
Download or read book The Doctrine of Conventionality Control written by Pablo González-Domínguez and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book studies the doctrine of conventionality control in the Inter-American Human Rights System. It appeals to the principle of subsidiarity as a theoretical key to solve some of the inherent tensions of a doctrine that aims to increase the effectiveness of the American Convention on Human Rights and the decisions of the Inter-American Court of Human Rights in a plurality of constitutional systems and traditions in the region.
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 465 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 Inter-American Court of Human Rights by : Yves Haeck
Download or read book The Inter-American Court of Human Rights written by Yves Haeck and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on the case law of the Court, this volume analyses crucial developments over the years on both procedural and substantive issues before the Inter-American Court.
Book Synopsis The Inter-American Human Rights System by : Par Engstrom
Download or read book The Inter-American Human Rights System written by Par Engstrom and published by Routledge. This book was released on 2020-05-21 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the time of the adoption of the American Declaration on the Rights and Duties of Man in 1948, there was little indication that the Declaration would ultimately yield a highly institutionalized system comprised of a quasi-judicial Inter-American Commission and an authoritative Inter-American Court of Human Rights. Today, however, the Inter-American Human Rights System (IAHRS) has emerged as a central actor in the global human rights regime. This comprehensive volume explores the institutional changes and transformations that the IAHRS has undergone since its creation, offering contributions and insights from a variety of disciplines including history, law, and political science. The book shows how institutional change has affected and been affected by the System’s normative leanings, rules of procedure and institutional design, as well as by the position of the IAHRS within the broader landscape of the Americas. The authors examine institutional change from a variety of angles, including the process of change in historical context, normative and legal developments, and the dynamic relationship between the IAHRS and other regional and international human rights institutions. This book was originally published as a special issue of The International Journal of Human Rights.
Book Synopsis The Margin of Appreciation in International Human Rights Law by : Andrew Legg
Download or read book The Margin of Appreciation in International Human Rights Law written by Andrew Legg and published by OUP Oxford. This book was released on 2012-07-05 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: The margin of appreciation is a judicial doctrine whereby international courts allow states to have a measure of diversity in their interpretation of human rights treaty obligations. The doctrine is at the heart of some of the most important international human rights decisions. Does it undermine the universality of human rights? How should judges decide whether to give this margin of appreciation to states? How can lawyers make best use of arguments for or against the margin of appreciation? This book answers these questions, and broadens the discussion on the margin of appreciation by including material beyond the ECHR system. It provides a comprehensive justification of the doctrine, and ALLFSCA14I the key cases affecting the doctrine in practice. Part One provides a systematic defence of the margin of appreciation doctrine in international human rights law. Drawing on the philosophy of practical reasoning the book argues that the margin of appreciation is a doctrine of judicial deference and is a common and appropriate feature of adjudication. The book argues that the margin of appreciation doctrine prevents courts from imposing unhelpful uniformity, whilst allowing decisions to be consistent with the universality of human rights. Part Two considers the key case law of the European Court of Human Rights, the Inter-American Court of Human Rights, and the UN Human Rights Committee, documenting the margin of appreciation in practice. The analysis uniquely takes a broad look at the factors affecting the margin of appreciation. Part Three explores how the margin of appreciation operates in the judicial decision-making process, reconceptualising the proportionality assessment and explaining how the nature of the right and the type of case affect the courts' reasoning.
Book Synopsis Constitutionalism by : Alejandro Linares Cantillo
Download or read book Constitutionalism written by Alejandro Linares Cantillo and published by Oxford University Press. This book was released on 2021-03-11 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a compilation of twenty essays prepared for the occasion of the XIII Academic Conference of the Constitutional Court of the Republic of Colombia, held in Bogota in January 2019. Gathering some of the most prominent authors in constitutionalism and legal theory, the chapters critically examine classical debates, such as the role of judicial review in a democracy, the enforcement of socio-economic rights, the doctrine of unconstitutional amendments, the use of international and foreign precedents by national Courts, and the theory of transitional justice. The book opens a dialogue between philosophers and empirical researchers, building bridges between 'Global North' and 'Global South' approaches to constitutionalism. As such, it is an invitation to reengage with the classical debates on constitutionalism whilst also providing fresh insights into the future of this discipline.
Book Synopsis Constitutional Courts as Mediators by : Julio Ríos-Figueroa
Download or read book Constitutional Courts as Mediators written by Julio Ríos-Figueroa and published by Cambridge University Press. This book was released on 2016-04-15 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book proposes an informational theory of constitutional review highlighting the mediator role of constitutional courts in democratic conflict solving.
Download or read book The Alchemists written by Tom Gerald Daly and published by Cambridge University Press. This book was released on 2017-11-02 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a searching critique of excessive reliance on courts as 'democracy-builders' in states emerging from authoritarian rule.
Book Synopsis The Nature and Value of Vagueness in the Law by : Hrafn Asgeirsson
Download or read book The Nature and Value of Vagueness in the Law written by Hrafn Asgeirsson and published by Bloomsbury Publishing. This book was released on 2020-04-10 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lawmaking is – paradigmatically – a type of speech act: people make law by saying things. It is natural to think, therefore, that the content of the law is determined by what lawmakers communicate. However, what they communicate is sometimes vague and, even when it is clear, the content itself is sometimes vague. This monograph examines the nature and consequences of these two linguistic sources of indeterminacy in the law. The aim is to give plausible answers to three related questions: In virtue of what is the law vague? What might be good about vague law? How should courts resolve cases of vagueness? It argues that vagueness in the law is sometimes a good thing, although its value should not be overestimated. It also proposes a strategy for resolving borderline cases, arguing that textualism and intentionalism – two leading theories of legal interpretation – often complement rather than compete with each other.
Book Synopsis The Inter-American Court of Human Rights by : Scott Davidson
Download or read book The Inter-American Court of Human Rights written by Scott Davidson and published by Dartmouth Publishing Company. This book was released on 1992 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book describes and analyzes the structure, procedure, practice and emerging jurisprudence of the Inter-American Court of Human Rights. The form and functions of the Court are considered in the context of the Inter-American system as a whole, and the development of its contentious and advisory jurisdictions is discussed in detail. Particular attention is devoted to the Court's present contribution to the corpus of international human rights law, in which parallels are drawn with other analogous institutions where appropriate. Finally, an attempt is made to identify the ideological assumptions which influence the Court's emerging jurisprudence and an assessment is made of the Court's future prospects. While the structure of the court and its jurisprudence lie broadly within traditional concepts of international human rights law, there are certain distinctive features which emanate from the geo-political and socio-economic context within which the Court functions. These factors are considered as an integral part of the work.
Book Synopsis The Margin of Appreciation Doctrine and the Principle of Proportionality in the Jurisprudence of the ECHR by : Yutaka Arai-Takahashi
Download or read book The Margin of Appreciation Doctrine and the Principle of Proportionality in the Jurisprudence of the ECHR written by Yutaka Arai-Takahashi and published by Intersentia nv. This book was released on 2002 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: 5.2.3. Burden of Proof
Book Synopsis Courts, Politics and Constitutional Law by : Martin Belov
Download or read book Courts, Politics and Constitutional Law written by Martin Belov and published by Routledge. This book was released on 2019-10-16 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.
Book Synopsis Outlines of Educational Doctrine by : Johann Friedrich Herbart
Download or read book Outlines of Educational Doctrine written by Johann Friedrich Herbart and published by . This book was released on 1904 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Revolution of the Right to Education by : A. Reis Monteiro
Download or read book Revolution of the Right to Education written by A. Reis Monteiro and published by BRILL. This book was released on 2021-07-19 with total page 817 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Revolution of the Right to Education, A. Reis Monteiro offers an interdisciplinary and topical introduction to the International Education Law, broadly defined, striving to explain why the normative integrity of the right to education carries far-reaching revolutionary significance.
Book Synopsis Judging International Human Rights by : Stefan Kadelbach
Download or read book Judging International Human Rights written by Stefan Kadelbach and published by Springer. This book was released on 2019-04-15 with total page 663 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book attempts to establish how courts of general jurisdiction differ from specialized human rights courts in their approach to the implementation and development of international human rights. Why do courts of general jurisdiction face particular problems in relation to the application of international human rights law and why, in other cases, are they better placed than specialized human rights courts to act as guardians of international human rights? At the international level, this volume focusses on the International Court of Justice and courts of regional economic integration organizations in Europe, Latin America and Africa. With regard to the judicial implementation of international human rights and human rights decisions at the domestic level, the contributions analyze the requirements set by human rights treaties and offer a series of country studies on the practice of domestic courts in Europe, the Americas, Africa and Asia. This book follows up on research undertaken by the International Human Rights Law Committee of the International Law Association. It includes the final Committee report as well as contributions by committee members and external experts.
Book Synopsis International Human Rights and Counter-Terrorism by : Eran Shor
Download or read book International Human Rights and Counter-Terrorism written by Eran Shor and published by Springer. This book was released on 2019-11-14 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides theoretical and practical guidance to those interested in understanding the dilemmas found at the heart of counter-terror decision-making. It addresses fundamental questions such as: should terror organizations be engaged in the human rights discussion? How can we counter extremist ideology? What is the role social media plays in terrorism?The book compares the practices of different countries to determine if a cohesive approach to counter-terrorism can be achieved. It not only analyses different aspects of terrorism and counter-terrorism (ideology, recruitment, financing, education, support etc) but also explores the roles of the relevant players (courts, security forces, the press, public opinion, inter-governmental organizations, non-governmental organizations etc) and their influence on the measures taken to fight terrorism on the one hand, and safeguarding basic human rights on the other.
Book Synopsis Static and Evolutive Treaty Interpretation by : Christian Djeffal
Download or read book Static and Evolutive Treaty Interpretation written by Christian Djeffal and published by Cambridge University Press. This book was released on 2016 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: How should international treaties be interpreted over time? This book addresses what evolutive interpretation looks like in reality.
