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Author : Lisa Hilbink
Publisher :
ISBN 13 : 9786079275662
Total Pages : pages
Book Rating : 4.2/5 (756 download)
Download or read book Jueces y política en democracia y dictadura written by Lisa Hilbink and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Carlo Guarnieri
Publisher :
ISBN 13 : 9788430603626
Total Pages : 209 pages
Book Rating : 4.6/5 (36 download)
Download or read book Los jueces y la política written by Carlo Guarnieri and published by . This book was released on 1999 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Un análisis político que, desde la perspectiva del análisis comparado, estudia los problemas que plantea la judicialización de la política, especialmente en España y en los países de entorno latino como Francia, Italia y Portugal.
Author : Jueces para la Democracia. Congreso (
Publisher :
ISBN 13 :
Total Pages : 165 pages
Book Rating : 4.:/5 (431 download)
Download or read book Jueces y política written by Jueces para la Democracia. Congreso ( and published by . This book was released on 1996 with total page 165 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Hugo Rojas
Publisher : Springer Nature
ISBN 13 : 3030811824
Total Pages : 222 pages
Book Rating : 4.0/5 (38 download)
Download or read book Human Rights and Transitional Justice in Chile written by Hugo Rojas and published by Springer Nature. This book was released on 2021-10-25 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a synthesis of the main achievements and pending challenges during the thirty years of transitional justice in Chile after Augusto Pinochet’s dictatorship. The Chilean experience provides useful comparative perspectives for researchers, students and human rights activists engaged in transitional justice processes around the world. The first chapter explains the theoretical foundations of human rights and transitional justice. The second chapter discusses the main historical milestones in Chile’s recent history which have defined the course of the process of transitional justice. The following chapters provide an overview of the key elements of transitional justice in Chile: truth, reparations, memory, justice, and guarantees of non-repetition.
Author : William J. Quirk
Publisher : Routledge
ISBN 13 : 1351510428
Total Pages : 203 pages
Book Rating : 4.3/5 (515 download)
Download or read book Judicial Dictatorship written by William J. Quirk and published by Routledge. This book was released on 2017-07-05 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: American society has undergone a revolution within a revolution. Until the 1960s, America was a liberal country in the traditional sense of legislative and executive checks and balances. Since then, the Supreme Court has taken on the role of the protector of individual rights against the will of the majority by creating, in a series of decisions, new rights for criminal defendants, atheists, homosexuals, illegal aliens, and others. Repeatedly, on a variety of cases, the Court has overturned the actions of local police or state laws under which local officials are acting. The result, according to Quirk and Birdwell, is freedom for the lawless and oppression for the law abiding. 'Judicial Dictatorship' challenges the status quo, arguing that in many respects the Supreme Court has assumed authority far beyond the original intent of the Founding Fathers. In order to avoid abuse of power, the three branches of the American government were designed to operate under a system of checks and balances. However, this balance has been upset. The Supreme Court has become the ultimate arbiter in the legal system through exercise of the doctrine of judicial review, which allows the court to invalidate any state or federal law it considers inconsistent with the constitution. Supporters of judicial review believe that there has to be a final arbiter of constitutional interpretation, and the Judiciary is the most suitable choice. Opponents, Thomas Jefferson and Abraham Lincoln among them, believed that judicial review assumes the judicial branch is above the other branches, a result the Constitution did not intend. The democratic paradox is that the majority in America agreed to limit its own power. Jefferson believed that the will of the majority must always prevail. His faith in the common man led him to advocate a weak national government, one that derived its power from the people. Alexander Hamilton, often Jefferson's adversary, lacking such faith, feared "the amazing violence an
Author : Pablo González Casanova
Publisher : New York : Oxford University Press
ISBN 13 :
Total Pages : 272 pages
Book Rating : 4.X/5 ( download)
Download or read book Democracy in Mexico written by Pablo González Casanova and published by New York : Oxford University Press. This book was released on 1970 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Damià Del Clot
Publisher : Liverpool University Press
ISBN 13 : 1782847804
Total Pages : 209 pages
Book Rating : 4.7/5 (828 download)
Download or read book Lawfare — Judicial Warfare in Spain written by Damià Del Clot and published by Liverpool University Press. This book was released on 2023-04-01 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: For centuries, the Spanish state has proved to be an expert system for repressing political dissent and any threat that could jeopardize the maintenance of the status quo. It has done so using all the institutions and all the areas of power that were necessary, for the end has always justified the means. Carles Mundo, Catalan Minister of Justice, 2016-2017. There is no book in Spain that talks about lawfare. Nor is there a book that deals with the system of judicial repression of political dissidence deployed by the Franco regime. Nor is there a book that denounces the judicial system inherited from the dictatorial regime and that was later embodied in the 1978 Constitution. Lawfare (the combination of law and warfare) thus fills a void to the extent that it penetrates the authoritarian judicial system and highlights the democratic deficits of the Spanish judiciary. The politicization of justice began with the appointment, as president of the Constitutional Court, of a prominent member of the Peoples Party (Partido Popular PP) in 2013. Thereon started a process of judicialization of politics via reform of the Organic Law of the Court Constitutional. The referendums of November 9, 2014 and October 1, 2017 entailed the criminalization of the Catalan independence movement and a drastic reduction in fundamental rights linked to the exercise of political choice. This was confirmed by the judgment handed down by the Supreme Court in 2019, culminating in a lawfare strategy that has led to the criminal conviction of two presidents of the Generalitat Artur Mas and Joaquim Torra and the exile of a third president, Carles Puigdemont. Lawfare is the first book to link in a broad way the thinking of German jurists of the Nazi period to the training of judges in Spain both up to and during the Franco regime, and beyond. Published in collaboration with the Department of International History, London School of Economics
Author : Irwin P Stotzky
Publisher : Routledge
ISBN 13 : 1000009882
Total Pages : 347 pages
Book Rating : 4.0/5 ( download)
Download or read book Transition To Democracy In Latin America written by Irwin P Stotzky and published by Routledge. This book was released on 2019-06-04 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: The transition to democracy in Latin America encompasses adjustments in norms and institutions regarding the strictures of the rule of law. This book addresses the critical role of the judiciary in the transition. The contributors examine the significance of the independence of the judiciary, which ensures institutional integrity and freedom from p
Author : Lisa Hilbink
Publisher : Cambridge University Press
ISBN 13 : 113946681X
Total Pages : 13 pages
Book Rating : 4.1/5 (394 download)
Download or read book Judges beyond Politics in Democracy and Dictatorship written by Lisa Hilbink and published by Cambridge University Press. This book was released on 2007-07-23 with total page 13 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why did formerly independent Chilean judges, trained under and appointed by democratic governments, facilitate and condone the illiberal, antidemocratic, and anti-legal policies of the Pinochet regime? Challenging the assumption that adjudication in non-democratic settings is fundamentally different and less puzzling than it is in democratic regimes, this book offers a longitudinal analysis of judicial behavior, demonstrating striking continuity in judicial performance across regimes in Chile. The work explores the relevance of judges' personal policy preferences, social class, and legal philosophy, but argues that institutional factors best explain the persistent failure of judges to take stands in defense of rights and rule of law principles. Specifically, the institutional structure and ideology of the Chilean judiciary, grounded in the ideal of judicial apoliticism, furnished judges with professional understandings and incentives that left them unequipped and disinclined to take stands in defense of liberal democratic principles, before, during, and after the authoritarian interlude.
Author : Roldan Jimeno
Publisher : Routledge
ISBN 13 : 1351608614
Total Pages : 310 pages
Book Rating : 4.3/5 (516 download)
Download or read book Amnesties, Pardons and Transitional Justice written by Roldan Jimeno and published by Routledge. This book was released on 2017-09-07 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a consolidated democracy, amnesties and pardons do not sit well with equality and a separation of powers; however, these measures have proved useful in extreme circumstances, such as transitions from dictatorships to democracies, as has occurred in Greece, Portugal and Spain. Focusing on Spain, this book analyses the country's transition, from the antecedents from 1936 up to the present, within a comparative European context. The amnesties granted in Greece, Portugal and Spain saw the release of political prisoners, but in Spain amnesty was also granted to those responsible for the grave violations of human rights which had been committed for 40 years. The first two decades of the democracy saw copious normative measures that sought to equate the rights of all those who had benefitted from the amnesty and who had suffered or had been damaged by the civil war. But, beyond the material benefits that accompanied it, this amnesty led to a sort of wilful amnesia which forbade questioning the legacy of Francoism. In this respect, Spain offers a useful lesson insofar as support for a blanket amnesty – rather than the use of other solutions within a transitional justice framework, such as purges, mechanisms to bring the dictatorship to trial for crimes against humanity, or truth commissions – can be traced to a relative weakness of democracy, and a society characterised by the fear of a return to political violence. This lesson, moreover, is framed here against the background of the evolution of amnesties throughout the twentieth century, and in the context of international law. Crucially, then, this analysis of what is now a global reference point for comparative studies of amnesties, provides new insights into the complex relationship between democracy and the varying mechanisms of transitional justice.
Author : Terence C. Halliday
Publisher : Bloomsbury Publishing
ISBN 13 : 1847314023
Total Pages : 520 pages
Book Rating : 4.8/5 (473 download)
Download or read book Fighting for Political Freedom written by Terence C. Halliday and published by Bloomsbury Publishing. This book was released on 2007-12-20 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: Across the world political liberalism is being fought for, consolidated and defended. That is the case for nations that have never enjoyed a liberal political society, for nations that have advanced towards and then retreated from political liberalism, for nations that have recently shifted from authoritarian to liberal political systems, and for mature democracies facing terrorism and domestic conflict. This book tests for the contemporary world the proposition that lawyers are active agents in the construction of liberal political regimes. It examines the efficacy of a framework that postulates that legal professions not only orient themselves to a market for their services but can frequently be seen in the forefront of actors seeking to institutionalise political liberalism. On the basis of some 16 case studies from across the world, the authors present a theoretical link between lawyers and political liberalism having wide-ranging application over radically diverse situations in Asia and the Middle East, North and South America, and Europe. They argue that it is not the politics of lawyers alone but the politics of a 'legal complex' of legally trained occupations, centred on lawyers and judges, that drives advances or retreats from political liberalism, that political liberalism itself is everywhere in play, in countries with established democracies and those without liberal politics and that it is now clear that the legal arena is a central field of struggle over the shape of political power. The case studies presented here provide powerful evidence that the nexus of bar and bench in transitions towards or away from political liberalism is a force which has universal application.
Author : Bartomeu Cruells
Publisher : Flamma Editorial SL
ISBN 13 : 8494031406
Total Pages : 80 pages
Book Rating : 4.4/5 (94 download)
Download or read book ¡No hay para tanto! written by Bartomeu Cruells and published by Flamma Editorial SL. This book was released on with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt: La tragedia de una mujer vendida por sus padres a un rico empresario repercute como eco en las vidas de varias generaciones que presencian el paso de la historia desde principios y hasta finales del siglo XX. En sus cartas, hacen referencia a un pueblo perdido en la montaña, cuyas gélidas paredes de piedra ocultan secretos familiares, intrigas políticas y peligro mortal. Pero si le preguntas a cualquiera de ellos sobre lo que pasó ahí, se limitarán a decir: "¡No hay para tanto!" "Una excelente novela de intriga, pero también un ciclorama sobre el que se proyectan una serie de personajes y situaciones típicas de la sociedad rural –el cacique, el cura, el juez, el rechazo a los forasteros, los odios seculares entre familias...– y una panorámica sobre los hechos que han caracterizado el siglo XX en nuestro país." Joan Josep Isern "Noventa años de nuestro país en una novela orgánica, viva, donde todos los elementos encajan como en un reloj de hora exacta." Andreu Martín "¡No hay para tanto!, una novela que no podéis dejar de leer: corta, intensa y diferente. Por su tratamiento epistolar, por las distintas voces que la habitan, por la intriga tan bien conducida y por su originalidad... ¡Buena lectura!" Gemma Lienas "Conocí bien a Bartomeu Cruells y compartí con él actividades de la lucha clandestina contra la dictadura y ahora descubro su talento literario para, novelando un crimen, hacer un repaso de noventa años de nuestra historia más reciente."Xavier Vinader Tags: misterio, novella histórica
Author : International Sociological Association. Research Committee on Sociology of Law
Publisher :
ISBN 13 :
Total Pages : 1002 pages
Book Rating : 4.F/5 ( download)
Download or read book Developing Sociology of Law written by International Sociological Association. Research Committee on Sociology of Law and published by . This book was released on 1990 with total page 1002 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Taylor & Francis Group
Publisher : Routledge
ISBN 13 : 9780367770556
Total Pages : 200 pages
Book Rating : 4.7/5 (75 download)
Download or read book Disappearances in Mexico written by Taylor & Francis Group and published by Routledge. This book was released on 2022-01-28 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents an interdisciplinary analysis of the practice of disappearances in Mexico, from the period of the so-called 'dirty war' to the current crisis of disappearances associated with the country's 'war on drugs', during which more than 80,000 people have disappeared. The volume brings together contributions by distinguished scholars from Mexico, Argentina and Europe, who focus their chapters on four broad axes of enquiry. In Part I, chapters examine the phenomenon of disappearances in its historical and present-day forms, and the struggles for memory around the disappeared in Mexico with reference to Argentina. Part II addresses the political dimensions of disappearances, focusing on the specificities that this practice acquires in the context of the counterinsurgency struggle of the 1970s and the so-called 'war on drugs'. The third section situates the issue within the framework of human rights law, by examining the conceptual and legal aspects of disappearances. The final chapters explore the social movement of the relatives of the disappeared, showing how their search for disappeared loved ones involves bodily and affective experiences as well as knowledge production. The volume thus aims to further our understanding of the crisis of disappearances in Mexico without, however, losing sight of the historic origins of the phenomenon.
Author :
Publisher :
ISBN 13 :
Total Pages : 656 pages
Book Rating : 4.3/5 (91 download)
Download or read book Bibliographic Guide to Latin American Studies written by and published by . This book was released on 1988 with total page 656 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 :
Publisher :
ISBN 13 :
Total Pages : 368 pages
Book Rating : 4.A/5 ( download)
Download or read book Justice and Development in Latin America and the Caribbean written by and published by . This book was released on 1993 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt:
