El proceso penal. Tomo I: fundamentos constitucionales y teoría general

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Publisher : Universidad Externado
ISBN 13 : 9587721128
Total Pages : 1564 pages
Book Rating : 4.5/5 (877 download)

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Book Synopsis El proceso penal. Tomo I: fundamentos constitucionales y teoría general by : Eduardo Montealegre

Download or read book El proceso penal. Tomo I: fundamentos constitucionales y teoría general written by Eduardo Montealegre and published by Universidad Externado. This book was released on 2013-01-01 with total page 1564 pages. Available in PDF, EPUB and Kindle. Book excerpt: La constitución y el proceso penal son entidades inescindibles y las caras de una misma moneda; el derecho procesal penal, sino en la constitución y en la amplísima y compleja jurisprudencia de la corte constitucional, que ha especificado el contenido de las cláusulas de derechos fundamentales y de regulación del poder punitivo del estado.Este texto que se entrega a los estudiosos del derecho ha sido escrito con dos pretensiones: profundidad y sencillez, Se ha buscado ahondar en la teoría constitucional que subyace al proceso penal de descubrir la forma como esta teoría se materializa y se precisa en la jurisprudencia de las cortes constitucional y suprema de justicia, la legislación y la manera como tales fundamentos teóricos se han concebido en el derecho comparado.

Global Environmental Constitutionalism

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Publisher : Cambridge University Press
ISBN 13 : 1107022258
Total Pages : 427 pages
Book Rating : 4.1/5 (7 download)

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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.

New Horizons in Spanish Colonial Law

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Publisher : Max Planck Institute for European Legal History
ISBN 13 : 3944773020
Total Pages : 272 pages
Book Rating : 4.9/5 (447 download)

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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."

Rule of Law, Human Rights and Judicial Control of Power

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Publisher : Springer
ISBN 13 : 3319551868
Total Pages : 444 pages
Book Rating : 4.3/5 (195 download)

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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.

Contornos y pliegues del derecho

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Publisher : Anthropos Editorial
ISBN 13 : 9788476587751
Total Pages : 528 pages
Book Rating : 4.5/5 (877 download)

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Book Synopsis Contornos y pliegues del derecho by :

Download or read book Contornos y pliegues del derecho written by and published by Anthropos Editorial. This book was released on 2006 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: CONTENIDO: Filosofía del derecho y antropología jurídica - Sociología del control penal y problemas sociales - El sistema penal: historia, política (s) y controversias - Recuerdos y reflexiones en voz alta.

Territory

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Publisher : John Wiley & Sons
ISBN 13 : 1405153059
Total Pages : 176 pages
Book Rating : 4.4/5 (51 download)

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Book Synopsis Territory by : David Delaney

Download or read book Territory written by David Delaney and published by John Wiley & Sons. This book was released on 2008-04-15 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: This short introduction conveys the complexities associated with the term "territory" in a clear and accessible manner. It surveys the field and brings theory to ground in the case of Palestine. A clear and accessible introduction to the complexities associated with the term "territory". Provides an interdisciplinary survey of the many strands of research in the field. Addresses specific areas including interpretations of territorial structures; the relationship between territoriality and scale; the validity and fluidity of territory; and the practical, social processes associated with territorial re-configurations. Stresses that our understanding of territory is inseparable from our understanding of power. Uses Israel/Palestine as an extended illustrative case study. The author’s strong legal and geographical background gives the work an authoritative perspective.

A Modern History of German Criminal Law

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Publisher : Springer Science & Business Media
ISBN 13 : 3642372732
Total Pages : 324 pages
Book Rating : 4.6/5 (423 download)

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Book Synopsis A Modern History of German Criminal Law by : Thomas Vormbaum

Download or read book A Modern History of German Criminal Law written by Thomas Vormbaum and published by Springer Science & Business Media. This book was released on 2013-10-01 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Increasingly, international governmental networks and organisations make it necessary to master the legal principles of other jurisdictions. Since the advent of international criminal tribunals this need has fully reached criminal law. A large part of their work is based on comparative research. The legal systems which contribute most to this systemic discussion are common law and civil law, sometimes called continental law. So far this dialogue appears to have been dominated by the former. While there are many reasons for this, one stands out very clearly: Language. English has become the lingua franca of international legal research. The present book addresses this issue. Thomas Vormbaum is one of the foremost German legal historians and the book's original has become a cornerstone of research into the history of German criminal law beyond doctrinal expositions; it allows a look at the system’s genesis, its ideological, political and cultural roots. In the field of comparative research, it is of the utmost importance to have an understanding of the law’s provenance, in other words its historical DNA.

LEV

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Publisher :
ISBN 13 :
Total Pages : 1418 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis LEV by :

Download or read book LEV written by and published by . This book was released on 1999 with total page 1418 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Weak Courts, Strong Rights

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Publisher : Princeton University Press
ISBN 13 : 1400828155
Total Pages : 288 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Weak Courts, Strong Rights by : Mark Tushnet

Download or read book Weak Courts, Strong Rights written by Mark Tushnet and published by Princeton University Press. This book was released on 2009-07-20 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights, Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. Under "strong-form" judicial review, as in the United States, judicial interpretations of the constitution are binding on other branches of government. In contrast, "weak-form" review allows the legislature and executive to reject constitutional rulings by the judiciary--as long as they do so publicly. Tushnet describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own. With that background, he turns to social welfare rights, explaining the connection between the "state action" or "horizontal effect" doctrine and the enforcement of social welfare rights. Tushnet then draws together the analysis of weak-form review and that of social welfare rights, explaining how weak-form review could be used to enforce those rights. He demonstrates that there is a clear judicial path--not an insurmountable judicial hurdle--to better enforcement of constitutional social welfare rights.

Marbury Versus Madison

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Publisher : CQ Press
ISBN 13 :
Total Pages : 440 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Marbury Versus Madison by : Mark A. Graber

Download or read book Marbury Versus Madison written by Mark A. Graber and published by CQ Press. This book was released on 2002-11-18 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: Combines documents and analytical essays timed for the bicentennial in 2003. It explains the constitutional, political, philosophical background to judicial review, the historical record leading to this landmark case and the impact of the decision since 1803.

How Tobacco Smoke Causes Disease

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Publisher :
ISBN 13 :
Total Pages : 728 pages
Book Rating : 4.:/5 (318 download)

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Book Synopsis How Tobacco Smoke Causes Disease by : United States. Public Health Service. Office of the Surgeon General

Download or read book How Tobacco Smoke Causes Disease written by United States. Public Health Service. Office of the Surgeon General and published by . This book was released on 2010 with total page 728 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report considers the biological and behavioral mechanisms that may underlie the pathogenicity of tobacco smoke. Many Surgeon General's reports have considered research findings on mechanisms in assessing the biological plausibility of associations observed in epidemiologic studies. Mechanisms of disease are important because they may provide plausibility, which is one of the guideline criteria for assessing evidence on causation. This report specifically reviews the evidence on the potential mechanisms by which smoking causes diseases and considers whether a mechanism is likely to be operative in the production of human disease by tobacco smoke. This evidence is relevant to understanding how smoking causes disease, to identifying those who may be particularly susceptible, and to assessing the potential risks of tobacco products.

Social Policies and Institutional Reform in Post-COVID Cuba

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Publisher :
ISBN 13 : 9783847425465
Total Pages : 300 pages
Book Rating : 4.4/5 (254 download)

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Book Synopsis Social Policies and Institutional Reform in Post-COVID Cuba by : Bert Hoffmann

Download or read book Social Policies and Institutional Reform in Post-COVID Cuba written by Bert Hoffmann and published by . This book was released on 2021-08-09 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: The economic crisis in the wake of the COVID pandemic is putting Cuba's socialism to a severe test. The government in Havana has added a fundamental reform of the economy, institutional structure and social policies to the agenda. This volume brings together contributions from leading international experts as well as from the island itself, analysing the economic, political and social challenges Cuba is facing today.

Criminology and Criminal Policy Movements

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Publisher : Rowman & Littlefield
ISBN 13 : 0761858520
Total Pages : 495 pages
Book Rating : 4.7/5 (618 download)

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Book Synopsis Criminology and Criminal Policy Movements by : Eugenio Raúl Zaffaroni

Download or read book Criminology and Criminal Policy Movements written by Eugenio Raúl Zaffaroni and published by Rowman & Littlefield. This book was released on 2013 with total page 495 pages. Available in PDF, EPUB and Kindle. Book excerpt: "These studies recover the historical roots of thinking that are in conflict with, and critical of, present-day tendencies. Criminological theory over the last few decades has oscillated between extremes: on one side there are calls for increasing the state exercise of punitive power as the only means of providing security, in the face of both urban and international rime; while the other side highlights the need for reducing the exercise of punitive power because of the paradoxical effects that it produces. Useful for academics, practitioners, professionals and students, this book will certainly contribute to a wider awareness in crime prevention and criminal justice."--Publisher's website.

The New Constitutional Order

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Publisher : Princeton University Press
ISBN 13 : 1400825555
Total Pages : 277 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis The New Constitutional Order by : Mark Tushnet

Download or read book The New Constitutional Order written by Mark Tushnet and published by Princeton University Press. This book was released on 2009-02-09 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: In his 1996 State of the Union Address, President Bill Clinton announced that the "age of big government is over." Some Republicans accused him of cynically appropriating their themes, while many Democrats thought he was betraying the principles of the New Deal and the Great Society. Mark Tushnet argues that Clinton was stating an observed fact: the emergence of a new constitutional order in which the aspiration to achieve justice directly through law has been substantially chastened. Tushnet argues that the constitutional arrangements that prevailed in the United States from the 1930s to the 1990s have ended. We are now in a new constitutional order--one characterized by divided government, ideologically organized parties, and subdued constitutional ambition. Contrary to arguments that describe a threatened return to a pre-New Deal constitutional order, however, this book presents evidence that our current regime's animating principle is not the old belief that government cannot solve any problems but rather that government cannot solve any more problems. Tushnet examines the institutional arrangements that support the new constitutional order as well as Supreme Court decisions that reflect it. He also considers recent developments in constitutional scholarship, focusing on the idea of minimalism as appropriate to a regime with chastened ambitions. Tushnet discusses what we know so far about the impact of globalization on domestic constitutional law, particularly in the areas of international human rights and federalism. He concludes with predictions about the type of regulation we can expect from the new order. This is a major new analysis of the constitutional arrangements in the United States. Though it will not be received without controversy, it offers real explanatory and predictive power and provides important insights to both legal theorists and political scientists.

Employment in Metropolitan Areas

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Publisher :
ISBN 13 :
Total Pages : 126 pages
Book Rating : 4.:/5 (319 download)

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Book Synopsis Employment in Metropolitan Areas by : United States. Bureau of Labor Statistics

Download or read book Employment in Metropolitan Areas written by United States. Bureau of Labor Statistics and published by . This book was released on 1947 with total page 126 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Andean Cosmopolitans

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Publisher : University of Texas Press
ISBN 13 : 1477314865
Total Pages : 360 pages
Book Rating : 4.4/5 (773 download)

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Book Synopsis Andean Cosmopolitans by : José Carlos de la Puente Luna

Download or read book Andean Cosmopolitans written by José Carlos de la Puente Luna and published by University of Texas Press. This book was released on 2018-01-17 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: After the Spanish victories over the Inca claimed Tawantinsuyu for Charles V in the 1530s, native Andeans undertook a series of perilous trips from Peru to the royal court in Spain. Ranging from an indigenous commoner entrusted with delivering birds of prey for courtly entertainment to an Inca prince who spent his days amid titles, pensions, and other royal favors, these sojourners were both exceptional and paradigmatic. Together, they shared a conviction that the sovereign's absolute authority would guarantee that justice would be done and service would receive its due reward. As they negotiated their claims with imperial officials, Amerindian peoples helped forge the connections that sustained the expanding Habsburg realm's imaginary and gave the modern global age its defining character. Andean Cosmopolitans recovers these travelers' dramatic experiences, while simultaneously highlighting their profound influences on the making and remaking of the colonial world. While Spain's American possessions became Spanish in many ways, the Andean travelers (in their cosmopolitan lives and journeys) also helped to shape Spain in the image and likeness of Peru. De la Puente brings remarkable insights to a narrative showing how previously unknown peoples and ideas created new power structures and institutions, as well as novel ways of being urban, Indian, elite, and subject. As indigenous people articulated and defended their own views regarding the legal and political character of the "Republic of the Indians," they became state-builders of a special kind, cocreating the colonial order.

The Constitution of Deliberative Democracy

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Publisher : Yale University Press
ISBN 13 : 9780300077278
Total Pages : 268 pages
Book Rating : 4.0/5 (772 download)

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Book Synopsis The Constitution of Deliberative Democracy by : Carlos Santiago Nino

Download or read book The Constitution of Deliberative Democracy written by Carlos Santiago Nino and published by Yale University Press. This book was released on 1996-01-01 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this important and wide-ranging book, a leading political theorist and activist considers the question: What justifies democracy? Carlos Santiago Nino critically examines answers others have given and then develops his own distinctive theory of democracy, emphasizing its deliberative character. In Nino's view, democracy resembles a moral conversation and is valued because of its capacity to generate an impartial perspective, one that takes into account the interests of all citizens. Nino's conception of deliberative democracy bears on the way power is organized under a constitution. Drawing on a variety of constitutional traditions, he criticizes the presidential system and calls for citizens to participate more directly in the political life of their country. He also envisions a revitalized role for political parties. Nino shows how deliberative democracy can be combined with, and supported by, other constitutional practices, such as the specific wording of the text and the protection of individual rights. The complex constitution that emerges from his analysis consists of a historical constitution, an ideal constitution of rights, and an ideal constitution of power. Nino's goal is to explain how these three dimensions of constitutionalism can reinforce rather than conflict with each other. In a final chapter, he argues that the deliberative conception of democracy requires a more limited role for judicial review than is usually contemplated.