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Consideraciones Sobre La Justicia Constitucional
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Book Synopsis Consideraciones sobre la justicia constitucional by : Angello Javier Peña Barrios
Download or read book Consideraciones sobre la justicia constitucional written by Angello Javier Peña Barrios and published by . This book was released on 2020-10-16 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: Es una obra que estudia problemas esenciales de la justicia constitucional como garantía jurisdiccional del texto constitucional de un Estado. Resalta la relación que tiene el control judicial de la constitucionalidad con la democracia, su carácter jurídico y la necesidad que representa para un sistema jurídico. Además, describe los métodos en que se ejerce la justicia constitucional en el ordenamiento jurídico venezolano. Así, se refiere al control difuso de la constitucionalidad, el amparo constitucional, la acción contencioso-administrativa y el control concentrado de la constitucionalidad.
Download or read book Judicial Review written by Susana Galera and published by Council of Europe. This book was released on 2010-01-01 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The traditional state model, based on a domestic approach to rule of law, is currently evolving towards a new one, where international factors and relations play a prominent role. This trend is also characterized by the pre-eminence of executive powers, along with a weakening of parliamentary balances and judicial controls. This work seeks to answer two essential questions concerning the rule of law: how can citizens challenge public decisions affecting them, and what kinds of public decisions can be judicially controlled. Two groups of legal regulations are considered in this analysis: the so-called European legal tradition, covering nine national laws strongly influenced by Council of Europe legal standards since 1950, and the more recent body of European Union law. The authors conclude that the issue of individual guarantees vis-à-vis public powers should be carefully monitored in Europe."--
Book Synopsis Case Law in Roman, Anglosaxon and Continental Law by : Mar a Jos Falc N y Tella
Download or read book Case Law in Roman, Anglosaxon and Continental Law written by Mar a Jos Falc N y Tella and published by Martinus Nijhoff Publishers. This book was released on 2011-08-25 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is no one definition of case law, but rather a plurality of meanings. In this respect, after an analysis of Roman iurisprudentia and Anglo-Saxon case law, this work considers the Spanish legal system, as an example of a Continental jurisdiction.
Book Synopsis Constitutional Democracy in Crisis? by : Mark A. Graber
Download or read book Constitutional Democracy in Crisis? written by Mark A. Graber and published by Oxford University Press. This book was released on 2018-08-23 with total page 737 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is the world facing a serious threat to the protection of constitutional democracy? There is a genuine debate about the meaning of the various political events that have, for many scholars and observers, generated a feeling of deep foreboding about our collective futures all over the world. Do these events represent simply the normal ebb and flow of political possibilities, or do they instead portend a more permanent move away from constitutional democracy that had been thought triumphant after the demise of the Soviet Union in 1989? Constitutional Democracy in Crisis? addresses these questions head-on: Are the forces weakening constitutional democracy around the world general or nation-specific? Why have some major democracies seemingly not experienced these problems? How can we as scholars and citizens think clearly about the ideas of "constitutional crisis" or "constitutional degeneration"? What are the impacts of forces such as globalization, immigration, income inequality, populism, nationalism, religious sectarianism? Bringing together leading scholars to engage critically with the crises facing constitutional democracies in the 21st century, these essays diagnose the causes of the present afflictions in regimes, regions, and across the globe, believing at this stage that diagnosis is of central importance - as Abraham Lincoln said in his "House Divided" speech, "If we could first know where we are, and whither we are tending, we could then better judge what to do, and how to do it."
Book Synopsis Judicial review in comparative law by : Allan R. Brewer Carias
Download or read book Judicial review in comparative law written by Allan R. Brewer Carias and published by Ediciones Olejnik. This book was released on 2023-11-24 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: "All over the world, in all democratic States, independently of having a legal system based on the common law or on the civil law principles, the courts – special constitutional courts, supreme courts or ordinary courts – have the power to decide and declare the unconstitutionality of legislation or of other State acts when a particular statute violates the text of the Constitution or of its constitutional principles. This power of the courts is the consequence of the consolidation in contem-porary constitutionalism of three fundamental principles of law: first, the existence of a written or unwritten constitution or of a fundamental law, conceived as a superior law with clear supremacy over all other statutes; second, the “rigid” character of such constitution or fundamental law, which implies that the amendments or reforms that may be introduced can only be put into practice by means of a particular and special constituent or legislative process, preventing the ordinary legislator from doing so; and third, the establishment in that same written or unwritten and rigid constitution or fundamental law, of the judicial means for guaranteeing its supremacy, over all other state acts, including legislative acts. Accordingly, in democratic systems subjected to such principles, the courts have the power to refuse to enforce a statute when deemed to be contrary to the Constitu-tion, considering it null or void, through what is known as the diffuse system of judicial review; and in many cases, they even have the power to annul the said unconstitutional law, through what is known as the concentrated system of judicial review. The former, is the system created more than two hundred years ago by the Supreme Court of the United States, and that so deeply characterizes the North American Constitutional system. The latter system, has been adopted in consti-tutional systems in which the judicial power of judicial review has been generally assigned to the Supreme Court or to one special Constitutional Court, as is the case, for example, of many countries in Europe and in Latin America. This concentrated system of judicial review, although established in many Latin American countries since the 19th century, was only effectively developed particularly in the world after World War II following the studies of Hans Kelsen. Of course, during the past thirty years many changes have occurred in the world on these matters of Judicial Review, in particularly in Europe and specifically in the United Kingdom, where these Lectures were delivered. Nonetheless, I have decided to publish them hereto in its integrality, as they were: the written work of a law professor made as a consequence of his research for the preparation of his lectures, not pretending to be anything else, but the academic testimony of the state of the subject of judicial review in the world in 1985-1986". Allan R. Brewer–Carías.
Author :"International Committee For Social Sciences Documentation" Publisher :Routledge ISBN 13 :1136749489 Total Pages :720 pages Book Rating :4.1/5 (367 download)
Book Synopsis Ibss Poli Sci 29 1980 by : "International Committee For Social Sciences Documentation"
Download or read book Ibss Poli Sci 29 1980 written by "International Committee For Social Sciences Documentation" and published by Routledge. This book was released on 2013-10-15 with total page 720 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Bibliography of the Social Sciences (IBSS) is an essential tool for librarians, academics and researchers wishing to be kept up to date with the published literature in the social sciences. IBSS is compiled in four divisions; Anthropology, Sociology, Economics, and Political Science. This is Volume XXIX of the International bibliography of political science as of 1980.
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.
Author :Alberto López - Basaguren Publisher :Springer Science & Business Media ISBN 13 :3642277179 Total Pages :893 pages Book Rating :4.6/5 (422 download)
Book Synopsis The Ways of Federalism in Western Countries and the Horizons of Territorial Autonomy in Spain by : Alberto López - Basaguren
Download or read book The Ways of Federalism in Western Countries and the Horizons of Territorial Autonomy in Spain written by Alberto López - Basaguren and published by Springer Science & Business Media. This book was released on 2013-06-13 with total page 893 pages. Available in PDF, EPUB and Kindle. Book excerpt: Territorial autonomy in Spain has reached a crossroads. After over thirty years of development, the consensus regarding its appropriateness has started to crumble. The transformation project embodied by the reform of Statute of Catalonia (2006) has failed to achieve its most significant demands. Although the concept of Spain as a Federation is disputed -more within the country than beyond-, the evolution of the Spanish system needs to follow a markedly federalist path. In this perspective, reference models assume critical importance. This edition gathers the works of a broad group of European, American and Spanish experts who analyse the present-day challenges of their respective systems. The objective, thus, is to contribute ideas which might help to address the evolution of the Spanish system in the light of the experience of more established Federations. This second volume focuses its attention on the difficulties and challenges faced in two particular fields. On the one hand, the field of intergovernmental relations and, on the other, questions related to the integration and acknowledgement of diversity and of Fundamental Rights, with special reference to the cases of Canada and Spain. Finally, there is analysis of other specific aspects of the system of territorial autonomy in Spain.
Book Synopsis Comparing the Prospective Effect of Judicial Rulings Across Jurisdictions by : Eva Steiner
Download or read book Comparing the Prospective Effect of Judicial Rulings Across Jurisdictions written by Eva Steiner and published by Springer. This book was released on 2015-05-05 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work deals with the temporal effect of judicial decisions and more specifically, with the hardship caused by the retroactive operation of overruling decisions. By means of a jurisprudential and comparative analysis, the book explores several issues created by the overruling of earlier decisions. Overruling of earlier decisions, when it occurs, operates retrospectively with the effect that it infringes the principle of legal certainty through upsetting any previous arrangements made by a party to a case under long standing precedents established previously by the courts. On this account, in the recent past, a number of jurisdictions have had to deal with the prospect of introducing in their own systems the well-established US practice of prospective overruling whereby the court may announce in advance that it will change the relevant rule or interpretation of the rule but only for future cases. However, adopting prospective overruling raises a series of issues mainly related to the constitutional limits of the judicial function coupled by the practical difficulties attendant upon such a practice. This book answers a number of the questions raised by this practice. It makes use of the great reservoir of foreign legal experience that furnishes theoretical and practical ideas from which national judges may draw their knowledge and inspiration in order to be able to advise a rational method of dealing with time when they give their decisions.
Book Synopsis Judicial Review in Mexico by : Richard D. Baker
Download or read book Judicial Review in Mexico written by Richard D. Baker and published by University of Texas Press. This book was released on 2015-01-15 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: The amparo suit is a Mexican legal institution similar in its effects to such Anglo-American procedures as habeas corpus, error, and the various forms of injunctive relief. It has undergone a long evolution since it was incorporated into the Constitution of 1857. Today, its principal purpose is to protect private individuals in the enjoyment of the rights guaranteed by the first twenty-nine articles of the Constitution. Mexico after its independence produced many constitutions. One of the earliest problems was to find an adequate means of defending the Constitution against ill-founded interpretations of its precepts. Like the United States, Mexico has developed a system of constitutional defense in which the judiciary is the supreme interpreter of what this document means. Unlike the United States Supreme Court, however, the Mexican Supreme Court has not been innovative in its decisions or contradicted the administration on major policy decisions. This difference must be attributed to the civil law system of Mexico as well as to the political climate. The first part of Richard D. Baker’s book describes the historical background of amparo and other methods of constitutional defense in Mexico. The three men most closely associated with creating a judicial form of constitutional defense in Mexico were Manuel Crescencio Rejón, José Fernando Ramírez, and Mariano Otero. Their own writings indicate that the immediate source of amparo must be found in the American institution of judicial review that was transmitted to Mexicans through Alexis de Tocqueville’s Democracy in America. The second part is an exposition of the workings of the amparo suit in the twentieth century and the constitutional and statutory provisions affecting it. Since 1857, when it was incorporated into article 102 of the Constitution, the amparo suit has evolved into a highly complex institution performing three functions: the defense of the civil liberties enumerated in the first twenty-nine articles of the Constitution, the determination of the constitutionality of federal and state legislation, and cassation. The Supreme Court is primarily limited to defending civil liberties through the amparo suit; it remains less innovative and more restricted than the United States system of judicial review, especially in the effect of its judgments on political agencies. Baker’s study is the first one in English dealing with this subject and is one of the most extensive in any language. It should be welcome as a valuable tool to all students of Mexican law, history, and political thought.
Book Synopsis Constitutional Protection of Human Rights in Latin America by : Allan R. Brewer-Carías
Download or read book Constitutional Protection of Human Rights in Latin America written by Allan R. Brewer-Carías and published by Cambridge University Press. This book was released on 2009 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the most recent trends in the constitutional and legal regulations in all Latin American countries regarding the amparo proceeding. It analyzes the regulations of the seventeen amparo statutes in force in Latin America, as well as the regulation on the amparo guarantee established in Article 25 of the American Convention of Human Rights.
Author :Francisco José Contreras Publisher :Springer Science & Business Media ISBN 13 :9400756569 Total Pages :255 pages Book Rating :4.4/5 (7 download)
Book Synopsis The Threads of Natural Law by : Francisco José Contreras
Download or read book The Threads of Natural Law written by Francisco José Contreras and published by Springer Science & Business Media. This book was released on 2012-12-13 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: The notion of “natural law” has repeatedly furnished human beings with a shared grammar in times of moral and cultural crisis. Stoic natural law, for example, emerged precisely when the Ancient World lost the Greek polis, which had been the point of reference for Plato's and Aristotle's political philosophy. In key moments such as this, natural law has enabled moral and legal dialogue between peoples and traditions holding apparently clashing world-views. This volume revisits some of these key moments in intellectual and social history, partly with an eye to extracting valuable lessons for ideological conflicts in the present and perhaps near future. The contributions to this volume discuss both historical and contemporary schools of natural law. Topics on historical schools of natural law include: how Aristotelian theory of rules paved the way for the birth of the idea of "natural law"; the idea's first mature account in Cicero's work; the tension between two rival meanings of “man’s rational nature” in Aquinas’ natural law theory; and the scope of Kant’s allusions to “natural law”. Topics on contemporary natural law schools include: John Finnis's and Germain Grisez's “new natural law theory”; natural law theories in a "broader" sense, such as Adolf Reinach’s legal phenomenology; Ortega y Gasset’s and Scheler’s “ethical perspectivism”; the natural law response to Kelsen’s conflation of democracy and moral relativism; natural law's role in 20th century international law doctrine; Ronald Dworkin’s understanding of law as “a branch of political morality”; and Alasdair Macintyre’s "virtue"-based approach to natural law.
Book Synopsis Petitioning in the Atlantic World, c. 1500–1840 by : Miguel Dantas da Cruz
Download or read book Petitioning in the Atlantic World, c. 1500–1840 written by Miguel Dantas da Cruz and published by Springer Nature. This book was released on 2022-10-27 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with one of the most pervasive ways by which people have addressed authority throughout history: petitioning. The book explores traditional practices and institutions, as well as the transformation of petitions as vehicles of popular politics. The ability or the right to petition was also a crucial element for the development and operation of early modern empires, playing a major role on the negotiated patterns of the Atlantic World. This book shows how petitions were used in Europe, America and Africa, by the governors and the governed, by the rich and the poor, by the colonists and the colonised and by the liberal and the reactionary groups. Broken down into three thematic parts, encompassing both in chronological and geographical scope, the book deepens our understanding of petitioning and its relation with ideas of consent and subjecthood, nationality and citizenship, political participation and democracy. This book provides a rare comparative platform for the study of a subject that has been receiving growing interest.
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 add a “material content” to the three-dimensional theory. We can point out, as a study plan, the distinction between “three” perspectives: Those of the legal norm, of the legal order, and the legal relationship. Three-dimensionalism also appears in this work when one analyzes the “three” phases of the life of the law: The formation, the interpretation, and the application; and in the distinction between the “three” characteristics of the legal order: Fullness, coherence, and unity—the theory of legal validity, intended as legitimacy, as validity strictly speaking, or as effectiveness.
Book Synopsis Catalog by : University of Texas. Library. Latin American Collection
Download or read book Catalog written by University of Texas. Library. Latin American Collection and published by . This book was released on 1969 with total page 700 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Hearings, Reports and Prints of the Senate Committee on the Judiciary by : United States. Congress. Senate. Committee on the Judiciary
Download or read book Hearings, Reports and Prints of the Senate Committee on the Judiciary written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1964 with total page 1060 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Foreign Trade and the Antitrust Laws by : United States. Congress. Senate. Committee on the Judiciary
Download or read book Foreign Trade and the Antitrust Laws written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1964 with total page 1088 pages. Available in PDF, EPUB and Kindle. Book excerpt:
