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Cultura Constitucional De La Jurisdiccion
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Book Synopsis Cultura constitucional de la jurisdicción by : Perfecto Andrés Ibáñez
Download or read book Cultura constitucional de la jurisdicción written by Perfecto Andrés Ibáñez and published by Siglo del Hombre Editores. This book was released on 2011-01-31 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A Perfecto Andrés Ibáñez le debemos una de las más agudas reflexiones críticas y propuestas respecto al modelo de juez del Estado constitucional de derecho, y acerca de la cultura constitucional de la Jurisdicción. El autor llama la atención sobre la necesidad de hacer un balance con la tradición y saldar cuentas con cierta cultura jurídica basada en la herencia del viejo positivismo dogmático y formalista, específicamente con una cultura de la magistratura enraizada en esta herencia y caracterizada por una vieja y resistente cultura corporativa". Tomado del prólogo de Gloria María Gallego García. Coedición con la Universidad EAFIT - Medellín.
Book Synopsis Cultura Constitucional de la Jurisdicción by : Perfecto Andrés Ibáñez
Download or read book Cultura Constitucional de la Jurisdicción written by Perfecto Andrés Ibáñez and published by . This book was released on 2000 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Cultura constitucional y democracia by : Raúl Gutiérrez Canales
Download or read book Cultura constitucional y democracia written by Raúl Gutiérrez Canales and published by Palestra Editores. This book was released on 2023-10-17 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: Este libro desarrolla la relación y dinámica entre la cultura constitucional y la democracia, planteando la importancia de otorgarle sostenibilidad con criterio integral. Frente a un contexto de retroceso democrático, alentado por el fenómeno del populismo, la crisis sanitaria y los problemas estructurales de desigualdad en Latinoamérica, es inaplazable incorporar en las políticas públicas el fomento de la cultura constitucional en la sociedad. La cultura constitucional es parte indispensable de la base, desarrollo y proyección de la democracia constitucional. Por tanto, no es un asunto natural y exige un rol proactivo del Estado. Para este efecto, cobra relevancia la convocatoria de elementos internos y externos necesarios para su configuración y eficacia. Entre estos, se analizan aspectos como la pluralidad e integración social, la convivencia ciudadana y el deber, la discrecionalidad limitada del poder y la garantía de imparcialidad de las altas cortes constitucionales; así como la educación constitucional, la función social de los medios de comunicación, la institucionalidad y el interés público en la idoneidad de los partidos políticos.
Book Synopsis Institutional Harassment by : Miguel Clemente-Díaz
Download or read book Institutional Harassment written by Miguel Clemente-Díaz and published by Rowman & Littlefield. This book was released on 2022-08-23 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: Institutional Harassment: Divorce, Abuse, and the Legal System offers a psychological approach to the instances of harassment within the justice system related to cases of divorce. Miguel Clemente recognizes that this harassment often goes unaddressed and pays particular attention to the effects this has on children. He covers several forms of harassment including intimate partner aggression, sexual abuse of children, the unscientific parental alienation syndrome, and the weaponization of the legal system from aggressors seeking revenge.
Book Synopsis Geopolitics and Decolonization by : Fernanda Frizzo Bragato
Download or read book Geopolitics and Decolonization written by Fernanda Frizzo Bragato and published by Rowman & Littlefield. This book was released on 2017-12-06 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gathering researchers from or towards Global South epistemologies, this book enriches the debate on crucial questions for liberation in the South and the improvement of South relations. It argues that coloniality and colonialism are not outdated phenomena of the historical past, but contemporary marks that remain repressed. The dominance of Eurocentric paradigm in the social sciences explains the long-lasting detachment between thinkers and politicians from the Global South, which have been historically presented according to their respective relations with the West (Europe and North America). The dialogue on common problems and challenges to people and societies in the South, largely derived from their colonial past and condition, is still sparing. This book actively promotes and demonstrates the value of intercultural dialogue and debate amongst voices from within the Global South on issues to do with decoloniality, cultural rights, law and politics.
Book Synopsis History of Catalonia and Its Implications for Contemporary Nationalism and Cultural Conflict by : Cortijo Ocaña, Antonio
Download or read book History of Catalonia and Its Implications for Contemporary Nationalism and Cultural Conflict written by Cortijo Ocaña, Antonio and published by IGI Global. This book was released on 2020-10-16 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent political developments in Spain regarding Catalonia have prompted scholars from several disciplines to research the singularity of this region and of the territories of the old Crown of Aragon. Against the backdrop of the pro-independence movement, those in favor and against have insisted on the particularity or commonality of Catalonia and the Països Catalans (Catalan-speaking areas) within the Spanish State. From the Catalan point of view, their singularity is not sufficiently recognized, and respect for their institutions and their autonomy is at stake to the point that many prefer to secede from Spain. Singularity or its absence play a relevant role in the construction of identity, which seems to be key in understanding many Catalans' attitudes towards the central government, a fluid concept that allows for a variety of interpretations. History of Catalonia and Its Implications for Contemporary Nationalism and Cultural Conflict is a critical reference book that centers around the topic of Catalan cultural and linguistic identity. With input from renowned scholars in several fields, the chapters explore the issue of Catalan identity from a variety of perspectives. While highlighting the legal and historical component to identity and also sociolinguistics and political linguistics, this book is ideally intended for scholars in the fields of Hispanic studies, history, linguistics, political science, and literary studies as well as practitioners, stakeholders, researchers, academicians, and students interested in contemporary politics and the political developments in Spain regarding Catalonia.
Book Synopsis After Spanish Rule by : Mark Thurner
Download or read book After Spanish Rule written by Mark Thurner and published by Duke University Press. This book was released on 2003-11-17 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: Insisting on the critical value of Latin American histories for recasting theories of postcolonialism, After Spanish Rule is the first collection of essays by Latin Americanist historians and anthropologists to engage postcolonial debates from the perspective of the Americas. These essays extend and revise the insights of postcolonial studies in diverse Latin American contexts, ranging from the narratives of eighteenth-century travelers and clerics in the region to the status of indigenous intellectuals in present-day Colombia. The editors argue that the construction of an array of singular histories at the intersection of particular colonialisms and nationalisms must become the critical project of postcolonial history-writing. Challenging the universalizing tendencies of postcolonial theory as it has developed in the Anglophone academy, the contributors are attentive to the crucial ways in which the histories of Latin American countries—with their creole elites, hybrid middle classes, subordinated ethnic groups, and complicated historical relationships with Spain and the United States—differ from those of other former colonies in the southern hemisphere. Yet, while acknowledging such differences, the volume suggests a host of provocative, critical connections to colonial and postcolonial histories around the world. Contributors Thomas Abercrombie Shahid Amin Jorge Cañizares-Esguerra Peter Guardino Andrés Guerrero Marixa Lasso Javier Morillo-Alicea Joanne Rappaport Mauricio Tenorio-Trillo Mark Thurner
Book Synopsis Local Governance in Multi-Layered Systems by : Matteo Nicolini
Download or read book Local Governance in Multi-Layered Systems written by Matteo Nicolini and published by Springer Nature. This book was released on 2023-12-12 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides a comprehensive analysis of local government in federations. It fills the gap in current legal research and positions local government in federal studies through the lenses of comparative law, adopting a more nuanced approach to local government. The book considers the shortcomings between the black-letter constitution and its operational rules. Whether (and how) the regime of local government is implemented is more relevant than its formal-but-ineffective recognition. The comparative survey discloses the variety local institutions take in different federal contexts. Divided into three parts, the book comprises chapters investigating local government in systems that, to various degrees, have been examined and classified as federal. Scholars throughout the world have examined the federal-local connection in aggregative federations, (the USA, Canada, Switzerland, Germany, Australia, and Austria), devolutionary ones (Belgium, Bosnia Herzegovina, Italy, Spain, the UK, Argentina, Brazil, Mexico, and the Russian Federation), as well as in federations beyond the West, where federalism-as-a-colonial-legacy has undergone a process of reinvention affecting the federal-local connection (South Africa, Ethiopia, India, Nigeria, Comoros, Democratic Republic of Congo, Nepal, Palau, Federated States of Micronesia; St. Kitts and Nevis; United Arab Emirates; and Pakistan).
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 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.
Author :Thomas Duve Publisher :Max Planck Institute for European Legal History ISBN 13 :3944773020 Total Pages :272 pages Book Rating :4.9/5 (447 download)
Book Synopsis New Horizons in Spanish Colonial Law by : Thomas Duve
Download or read book New Horizons in Spanish Colonial Law written by Thomas Duve and published by Max Planck Institute for European Legal History. This book was released on 2015-12-01 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: http://dx.doi.org/10.12946/gplh3 http://www.epubli.de/shop/buch/48746 "Spanish colonial law, derecho indiano, has since the early 20th century been a vigorous subdiscipline of legal history. One of great figures in the field, the Argentinian legal historian Víctor Tau Anzoátegui, published in 1997 his Nuevos horizontes en el estudio histórico del derecho indiano. The book, in which Tau addressed seminal methodological questions setting tone for the discipline’s future orientation, proved to be the starting point for an important renewal of the discipline. Tau drew on the writings of legal historians, such as Paolo Grossi, Antonio Manuel Hespanha, and Bartolomé Clavero. Tau emphasized the development of legal history in connection to what he called “the posture superseding rational and statutory state law.” The following features of normativity were now in need of increasing scholarly attention: the autonomy of different levels of social organization, the different modes of normative creativity, the many different notions of law and justice, the position of the jurist as an artifact of law, and the casuistic character of the legal decisions. Moreover, Tau highlighted certain areas of Spanish colonial law that he thought deserved more attention than they had hitherto received. One of these was the history of the learned jurist: the letrado was to be seen in his social, political, economic, and bureaucratic context. The Argentinian legal historian called for more scholarly works on book history, and he thought that provincial and local histories of Spanish colonial law had been studied too little. Within the field of historical science as a whole, these ideas may not have been revolutionary, but they contributed in an important way to bringing the study of Spanish colonial law up-to-date. It is beyond doubt that Tau’s programmatic visions have been largely fulfilled in the past two decades. Equally manifest is, however, that new challenges to legal history and Spanish colonial law have emerged. The challenges of globalization are felt both in the historical and legal sciences, and not the least in the field of legal history. They have also brought major topics (back) on to the scene, such as the importance of religious normativity within the normative setting of societies. These challenges have made scholars aware of the necessity to reconstruct the circulation of ideas, juridical practices, and researchers are becoming more attentive to the intense cultural translation involved in the movement of legal ideas and institutions from one context to another. Not least, the growing consciousness and strong claims to reconsider colonial history from the premises of postcolonial scholarship expose the discipline to an unseen necessity of reconsidering its very foundational concepts. What concept of law do we need for our historical studies when considering multi-normative settings? How do we define the spatial dimension of our work? How do we analyze the entanglements in legal history? Until recently, Spanish colonial law attracted little interest from non-Hispanic scholars, and its results were not seen within a larger global context. In this respect, Spanish colonial law was hardly different from research done on legal history of the European continent or common law. Spanish colonial law has, however, recently become a topic of interest beyond the Hispanic world. The field is now increasingly seen in the context of “global legal history,” while the old and the new research results are often put into a comparative context of both European law of the early Modern Period and other colonial legal orders. In this volume, scholars from different parts of the Western world approach Spanish colonial law from the new perspectives of contemporary legal historical research."
Book Synopsis Democratization and the Judiciary by : Siri Gloppen
Download or read book Democratization and the Judiciary written by Siri Gloppen and published by Psychology Press. This book was released on 2004 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction : the accountability function of courts in new democracies / Siri Gloppen, Roberto Gargarella, and Elin Skaar Judicial review in developed democracies / Martin Shapiro How some reflections on the United States' experience may inform African efforts to build court systems and the rule of law / Jennifer Widner The constitutional court and control of presidential extraordinary powers in Colombia / Rodrigo Uprimny The politics of judicial review in Chile in the era of domestic transition, 1990-2002 / Javier A. Couso Legitimating transformation : political resource allocation in the South African constitutional court / Theunis Roux The accountability function of courts in Tanzania and Zambia / Siri Gloppen Renegotiating "law and order" : judicial reform and citizen responses in post-war Guatemala / Rachel Sieder Economic reform and judicial governance in Brazil : balancing independence with accountability / Carlos Santiso In search of a democratic justice what courts should not do : Argentina, 1983-2002 / Roberto Gargarella Lessons learned and the way forward / Irwin P. Stotzky.
Book Synopsis Latin American Constitutionalism by : M. C. Mirow
Download or read book Latin American Constitutionalism written by M. C. Mirow and published by Cambridge University Press. This book was released on 2015-09-15 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: Latin American Constitutions provides a comprehensive historical study of constitutionalism in Latin America from the independence period to the present, focusing on the Constitution of Cádiz, a foundational document in Latin American constitutionalism. Although drafted in Spain, it was applied in many regions of Latin America, and deputies from America formed a significant part of the drafting body. The politicization of constitutionalism reflected in Latin America's first moments proved to be a lasting legacy evident in the legal and constitutional world of the region today: many of Latin America's present challenges to establishing effective constitutionalism can be traced to the debates, ideas, structures, and assumptions of this text. This book explores the region's attempts to create effective constitutional texts and regimes in light of an established practice of linking constitutions to political goals and places important constitutional thinkers and regional constitutions, such as the Mexican Constitution of 1917, into their legal and historical context.
Book Synopsis One Country, Two Systems, Three Legal Orders - Perspectives of Evolution by : Jorge Oliveira
Download or read book One Country, Two Systems, Three Legal Orders - Perspectives of Evolution written by Jorge Oliveira and published by Springer Science & Business Media. This book was released on 2009-07-21 with total page 810 pages. Available in PDF, EPUB and Kindle. Book excerpt: “One Country, Two Systems, Three Legal Orders” – Perspectives of Evolution – : Essays on Macau’s Autonomy after the Resumption of Sovereignty by China” can be said, in a short preamble-like manner, to be a book that provides a comprehensive look at several issues regarding public law that arise from, or correlate with, the Chinese apex motto for reunification – One Country, Two Systems – and its implementation in Macau and Hong Kong. Noble and contemporary themes such as autonomy models and fundamental rights are thoroughly approached, with a multilayered analysis encompassing both Western and Chinese views, and an extensive comparative law acquis is also brought forward. Furthermore, relevant issues on international law, criminal law, and historical and comparative evolutions and interactions of different legal s- tems are laid down in this panoramic, yet comprehensive book. One cannot but underline the presence, in the many approaches and comments, of a certain aura of a modern Kantian cosmopolitanism revisitation throughout the work, especially when dealing with the cardinal principle of «One Country, Two Systems», which enabled a peaceful and integral reunification ex vi international law – the Joint Declarations – that ended an external and distant control.
Book Synopsis The Challenge of Legal Pluralism by : Marc Simon Thomas
Download or read book The Challenge of Legal Pluralism written by Marc Simon Thomas and published by Routledge. This book was released on 2016-09-13 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: Within the Latin American context, legal pluralism is often depicted as a dichotomy between customary law and national law. In addition, the use of customary law alongside national law is frequently portrayed as a vehicle of resistance. This book argues that, because ordinary Indians are not positively biased in favor of customary law per se, a heterogeneity of legal practices can be observed on a daily basis, which consequently undermines the commonly held view of customary law as a "counter-hegemonic strategy", even if, on other socio-geographical levels, this thinking in terms of resistance holds true. Based on qualitative research, the work analyzes how internal conflicts among indigenous inhabitants of the Ecuadorian highlands are being settled in a situation of formal legal pluralism, and what can be learned from this in terms of Indian-state relationships. It is shown that, on a local level, the phenomenological dimension of legal pluralism can be termed "interlegality." On a macro level, ontological assumptions underscore that legal pluralism is still seen as a dichotomy between customary and national law. Multidisciplinary in nature, the book will be of interest to academics and researchers working in the areas of Legal Pluralism, Cultural Anthropology and Latin American Studies.
Book Synopsis Inter-American Judicial Constitutionalism by : Manuel Eduardo Góngora Mera
Download or read book Inter-American Judicial Constitutionalism written by Manuel Eduardo Góngora Mera and published by Manuel Eduardo Gongora-Mera. This book was released on 2011 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Global Environmental Constitutionalism by : James R. May
Download or read book Global Environmental Constitutionalism written by James R. May and published by Cambridge University Press. This book was released on 2015 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reflecting a global trend, scores of countries have affirmed that their citizens are entitled to healthy air, water, and land and that their constitution should guarantee certain environmental rights. This book examines the increasing recognition that the environment is a proper subject for protection in constitutional texts and for vindication by constitutional courts. This phenomenon, which the authors call environmental constitutionalism, represents the confluence of constitutional law, international law, human rights, and environmental law. National apex and constitutional courts are exhibiting a growing interest in environmental rights, and as courts become more aware of what their peers are doing, this momentum is likely to increase. This book explains why such provisions came into being, how they are expressed, and the extent to which they have been, and might be, enforced judicially. It is a singular resource for evaluating the content of and hope for constitutional environmental rights.
