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Author :
Publisher :
ISBN 13 :
Total Pages : 624 pages
Book Rating : 4.F/5 ( download)
Download or read book Diálogo jurisprudencial written by and published by . This book was released on 2007 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Mads Tønnesson Andenæs
Publisher : Oxford University Press, USA
ISBN 13 : 0198735332
Total Pages : 756 pages
Book Rating : 4.1/5 (987 download)
Download or read book Courts and Comparative Law written by Mads Tønnesson Andenæs and published by Oxford University Press, USA. This book was released on 2015 with total page 756 pages. Available in PDF, EPUB and Kindle. Book excerpt: A critical analysis of the use of comparative and foreign law by courts across the globe, this book provides an inclusive, coherent, and practical analysis of comparative reasoning in the forensic process.
Author : Johanna Fröhlich
Publisher : Bloomsbury Publishing
ISBN 13 : 150996018X
Total Pages : 615 pages
Book Rating : 4.5/5 (99 download)
Download or read book Constitutional Reasoning in Latin America and the Caribbean written by Johanna Fröhlich and published by Bloomsbury Publishing. This book was released on 2024-09-05 with total page 615 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the reasoning practice of 15 constitutional courts and supreme courts, including the Caribbean Commonwealth and the Inter-American Court of Human Rights. Enriched by empirical data, with which it strives to contribute to a constructive and well-informed debate, the volume analyses how Latin American courts justify their decisions. Based on original data and a region-specific methodology, the book provides a systematic analysis utilising more than 600 leading cases. It shows which interpretive methods and concepts are most favoured by Latin American courts, and which courts were the most prolific in their reasoning activities. The volume traces the features of judicial dialogue on a regional and sub-regional level and enables the evaluation and comparison of each country's reasoning culture in different epochs. The collection includes several graphs to visualise the changes and tendencies of the reasoning practices throughout time in the region, based on information gathered from the dataset. To better understand the current functioning and the future tendencies of courts in Latin America and the Caribbean, the volume illuminates how constitutional and supreme courts have actually been making their decisions in the selected landmark cases, which could also contribute to future successful litigation strategies for both national constitutional courts and the Inter-American Court for Human Rights. This project was made possible due to the collaboration and funding provided by the Rule of Law Programme for Latin America of the Konrad Adenauer Foundation and the Law School of the University of San Francisco de Quito.
Author : Armin von Bogdandy
Publisher : Oxford University Press
ISBN 13 : 0192515462
Total Pages : 465 pages
Book Rating : 4.1/5 (925 download)
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.
Author : Giuseppe Franco Ferrari
Publisher : BRILL
ISBN 13 : 9004297596
Total Pages : 915 pages
Book Rating : 4.0/5 (42 download)
Download or read book Judicial Cosmopolitanism written by Giuseppe Franco Ferrari and published by BRILL. This book was released on 2019-09-24 with total page 915 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial Cosmopolitanism: The Use of Foreign Law in Contemporary Constitutional Systems offers a detailed account of the use of foreign law by supreme and constitutional Courts of Europe, America and East Asia.
Author : Guillaume Tusseau
Publisher : Springer Nature
ISBN 13 : 3030344320
Total Pages : 343 pages
Book Rating : 4.0/5 (33 download)
Download or read book Debating Legal Pluralism and Constitutionalism written by Guillaume Tusseau and published by Springer Nature. This book was released on 2020-02-24 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book gathers the general report and the national reports presented at the XXth General Congress of the IACL, in Fukuoka (Japan), on the topic “Debating legal pluralism and constitutionalism: new trajectories for legal theory in the global age”. Discussing the major contemporary changes occurring in and problems faced by domestic legal systems in the global age, the book describes how and to what extent these trends affect domestic legal orderings and practices, and challenges the traditional theoretical lenses that are offered to tackle them: constitutionalism and pluralism. Combining comparative law and comparative legal doctrine, and drawing on the national contributions, the general report concludes that most of the classic tools offered by legal doctrine are not appropriate to address most of today’s practical and theoretical global legal challenges, and as such, the book also offers new intellectual tools for the global age.
Author : Catarina Woyames Dreher
Publisher : Springer Nature
ISBN 13 : 3031505395
Total Pages : 268 pages
Book Rating : 4.0/5 (315 download)
Download or read book A Legal Assessment of the Efficacy of Consultation with Indigenous Peoples written by Catarina Woyames Dreher and published by Springer Nature. This book was released on 2024-01-05 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a novel perspective on consultation with indigenous peoples in projects of natural resource exploitation. Engaging with current debates in international law, the study introduces a multi-dimensional perspective on consultation understood to include self-determination and cultural rights. It analyzes evidence from several countries across the Americas and Africa and presents an original and in-depth case study of Brazil. The book assesses judicial and legislative cases, drawing on relevant literature, international treaties and supplementary information gained from expert interviews. This supports the work’s broader objective to explore legal facts as well as to evaluate the empirical evidence in light of theoretical considerations. It thereby expands the understanding of consultation as a right under national legal systems and considers practical ways on how to enforce domestic redress for avoiding legal indeterminacy. The conclusions of the analysis contribute to not only a better understanding of the subject matter but also showcase ways of how to improve the realities on the ground. The book puts forward a range of recommendations directed at national authorities, international organizations, development lenders and civil society to help improve the unsatisfactory present circumstances. The intended audience encompasses legal scholars, students, practitioners and journalists, as well as anyone interested in research on the realization of indigenous peoples’ rights and the role of international law in the 21st century.
Author : Anja Mihr
Publisher : SAGE
ISBN 13 : 1473907195
Total Pages : 1127 pages
Book Rating : 4.4/5 (739 download)
Download or read book The SAGE Handbook of Human Rights written by Anja Mihr and published by SAGE. This book was released on 2014-07-21 with total page 1127 pages. Available in PDF, EPUB and Kindle. Book excerpt: The SAGE Handbook of Human Rights will comprise a two volume set consisting of more than 50 original chapters that clarify and analyze human rights issues of both contemporary and future importance. The Handbook will take an inter-disciplinary approach, combining work in such traditional fields as law, political science and philosophy with such non-traditional subjects as climate change, demography, economics, geography, urban studies, mass communication, and business and marketing. In addition, one of the aspects of mainstreaming is the manner in which human rights has come to play a prominent role in popular culture, and there will be a section on human rights in art, film, music and literature. Not only will the Handbook provide a state of the art analysis of the discipline that addresses the history and development of human rights standards and its movements, mechanisms and institutions, but it will seek to go beyond this and produce a book that will help lead to prospective thinking.
Author : Monika Florczak-Wątor
Publisher : Routledge
ISBN 13 : 1000062252
Total Pages : 249 pages
Book Rating : 4.0/5 ( download)
Download or read book Judicial Law-Making in European Constitutional Courts written by Monika Florczak-Wątor and published by Routledge. This book was released on 2020-05-07 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the specificity of the law-making activity of European constitutional courts. The main hypothesis is that currently constitutional courts are positive legislators whose position in the system of State organs needs to be redefined. The book covers the analysis of the law-making activity of four constitutional courts in Western countries: Germany, Italy, Spain, and France; and six constitutional courts in Central–East European countries: Poland, Hungary, the Czech Republic, Slovak Republic, Latvia, and Bulgaria; as well as two international courts: the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU). The work thus identifies the mutual interactions between national constitutional courts and international tribunals in terms of their law-making activity. The chosen countries include constitutional courts which have been recently captured by populist governments and subordinated to political powers. Therefore, one of the purposes of the book is to identify the change in the law-making activity of those courts and to compare it with the activity of constitutional courts from countries in which democracy is not viewed as being under threat. Written by national experts, each chapter addresses a series of set questions allowing accessible and meaningful comparison. The book will be a valuable resource for students, academics, and policy-makers working in the areas of constitutional law and politics.
Author : Inter-American Commission on Human Rights
Publisher : BRILL
ISBN 13 : 9004530398
Total Pages : 1091 pages
Book Rating : 4.0/5 (45 download)
Download or read book Inter-American Yearbook on Human Rights / Anuario Interamericano de Derechos Humanos, Volume 26 (2010) written by Inter-American Commission on Human Rights and published by BRILL. This book was released on 2022-11-07 with total page 1091 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Laurence BURGORGUE-LARSEN
Publisher : Oxford University Press
ISBN 13 : 0192699253
Total Pages : 577 pages
Book Rating : 4.1/5 (926 download)
Download or read book The 3 Regional Human Rights Courts in Context written by Laurence BURGORGUE-LARSEN and published by Oxford University Press. This book was released on 2024-03-14 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: At specific moments in the history of Africa, Europe, and Latin America, each region decided to create supranational jurisdictions to protect human rights. These are, in chronological order, the European Court of Human Rights, the Inter-American Court of Human Rights, and the African Court on Human and Peoples' Rights. While each has been the subject of important, dedicated monographs, no major study has analysed both the institutional and jurisprudential issues of all three regional systems. The 3 Regional Human Rights Courts in Context: Justice That Cannot Be Taken for Granted is the first book to offer a comprehensive comparison of the three systems. Rather than merely juxtaposing analogous features, the book considers how the three courts operate as parts of a greater, integrated whole. Similarities and differences between the courts are illuminated alongside historical, political, and sociological insights, in addition to the book's primary legal focus. Close analysis of the processes by which the courts came into being makes it clear that, regardless of distinct political, cultural, or other variances, states on each of the three continents have chafed against international supervision. The book also debunks the common belief that, after the Second World War, the thrust of human rights initiatives was so powerful that states no longer need to discuss them. Justice cannot be taken for granted—a position further supported by the book's analysis of how each court has evolved and how their rulings have been implemented. Laurence Burgorgue-Larsen's dynamism and multidisciplinary approach makes it possible to truly understand the stakes behind the institutional and jurisprudential developments of the three regional human rights courts. This is a book that will interest not only legal practitioners but also specialists in international relations, human rights, and countless other fields.
Author : David Weissbrodt
Publisher : Routledge
ISBN 13 : 1351545051
Total Pages : 556 pages
Book Rating : 4.3/5 (515 download)
Download or read book The Development of International Human Rights Law written by David Weissbrodt and published by Routledge. This book was released on 2017-07-05 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays selected for this volume, written by some of the worlds most respected experts on human rights, encompass the development of human rights law from its philosophical underpinnings and address many of its current controversies. The collected essays explore the drafting of major human rights instruments, including the political challenges that shaped those instruments; examine the interrelationship of various claimed rights; and identify factors producing compliance with - and violation of - human rights law. Other contributions analyze the role of non-governmental organizations in achieving better human rights protections as well as the danger of claiming too many rights, and the tension between rights and security. Contrasting viewpoints in several essays highlight some of the key conflicts in the field. An introductory essay provides a roadmap marking the collection‘s major themes, and tracing the relationship between those themes. Taken together, the essays emphasize the legal underpinnings of the human rights regime and as such, the collection provides an essential, wide-ranging account of this important part of international law, procedure and practice.
Author : Grote, Rainer
Publisher : Edward Elgar Publishing
ISBN 13 : 1788971124
Total Pages : 576 pages
Book Rating : 4.7/5 (889 download)
Download or read book Research Handbook on Compliance in International Human Rights Law written by Grote, Rainer and published by Edward Elgar Publishing. This book was released on 2021-10-21 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Research Handbook offers an in-depth examination of the most significant factors affecting compliance with international human rights law, which has emerged as one of the key problems in the efforts to promote effective protection of human rights. In particular, it examines the relationships between regional human rights courts and domestic actors and judiciaries.
Author : Allan R. Brewer Carias
Publisher : Ediciones Olejnik
ISBN 13 : 9563929721
Total Pages : 446 pages
Book Rating : 4.5/5 (639 download)
Download or read book The civil rights injunction for the protection of fundamental rights written by Allan R. Brewer Carias and published by Ediciones Olejnik. This book was released on 2023-11-24 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book on The Civil Rights Injunction for the protection of Funda-mental Rights. The Latin American «Amparo» Proceeding, is the original version of the text I wrote for the Couse of Lectures I gave, as Adjunct Professor of Law, on a Seminar on Judicial Protection of Fundamental Rights in Latin America: the Amparo Proceeding, at the Columbia Law School in New York, University of Columbia, during the years 2006-2008. The Seminar was intended to examine the most recent trends in the constitutional and legal regulations in all Latin American countries regarding the “amparo” suit, action or recourse– including the old habeas corpus writ and the new habeas data actions or recourses. By means of a comparative constitutional law approach, also with reference to the United States civil rights injunctions, the Course analyzed this Latin American institution departing from the regulation of the “amparo” guarantee established in Article 25 of the 1969 American Convention of Human Rights which entered into force in 1978 after being ratified by all Latin American States. The amparo suit or proceeding is not only an effective judicial means for the restoration of the injured constitutional rights that has been harmed, similar to the reparative or restorative civil rights injunctions in the United States, but it is also the effective judicial means for the protection of such rights and guaranties when threatened to be violated or harmed. This latter amparo suit is then similar to the preventive civil rights injunctions in the United States; “preventive” in the sense of avoiding harm; which, in this case, “seeks to prohibit some discrete act or series of acts from occurring in the future”, and is designed “to avoid future harm to a party by prohibiting or mandating certain behavior to another party”. From this point of view, thus, in a constitutional comparative law approach, the Latin American amparo action or proceeding, is a judicial remedy similar to the civil rights injunctions (restorative or preventive) in the United States". Allan R. Brewer Carías.
Author : Laurence Burgorgue-Larsen
Publisher : OUP UK
ISBN 13 : 0199588783
Total Pages : 948 pages
Book Rating : 4.1/5 (995 download)
Download or read book The Inter-American Court of Human Rights written by Laurence Burgorgue-Larsen and published by OUP UK. This book was released on 2011-04-07 with total page 948 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a reference guide to the case law of the Inter-American Court of Human Rights. Structured in two parts, it covers the case law on jurisdiction and procedure before the Court and the case law on the scope of particular rights, drawing comparisons with the case law of the European Court of Human Rights.
Author : Inter-American Commission on Human Rights
Publisher : BRILL
ISBN 13 : 9004530320
Total Pages : 679 pages
Book Rating : 4.0/5 (45 download)
Download or read book Inter-American Yearbook on Human Rights / Anuario Interamericano de Derechos Humanos, Volume 23 (2007) written by Inter-American Commission on Human Rights and published by BRILL. This book was released on 2022-08-15 with total page 679 pages. Available in PDF, EPUB and Kindle. Book excerpt: The print edition is available as a set of two volumes (9789004218635).
Author : Josep Maria Castella Andreu
Publisher : Atelier Libros
ISBN 13 : 8415929374
Total Pages : 357 pages
Book Rating : 4.4/5 (159 download)
Download or read book DIVERSIDAD, DERECHOS FUNDAMENTALES Y FEDERALISMO. Un diálogo entre Canadá y España. written by Josep Maria Castella Andreu and published by Atelier Libros. This book was released on 2010-05-06 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt:
