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Legitimidade Democratica E O Papel Do Stf No Acesso A Educacao
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Book Synopsis Legitimidade democrática e o papel do STF no acesso à educação by : Alessandra Matos de Araújo
Download or read book Legitimidade democrática e o papel do STF no acesso à educação written by Alessandra Matos de Araújo and published by Editora Dialética. This book was released on 2024-02-28 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt: A discussão em torno do papel do Supremo Tribunal Federal na efetivação dos direitos fundamentais previstos na Constituição Federal de 1988 não é recente. Assim, o presente livro é fruto da pesquisa realizada durante o Mestrado em Direito Constitucional e da análise quantitativa e qualitativa da jurisprudência do Supremo Tribunal Federal durante o período de 2004-2008, a fim de verificar como os marcos teóricos foram utilizados para fundamentar os julgamentos que asseguraram a efetividade do direito à educação. Por outro lado, existe a discussão acerca da legitimidade democrática do STF para determinar ao Poder Executivo a matrícula de crianças e adolescentes nas escolas por meio de decisão judicial, uma vez que os ministros do referido Tribunal não foram escolhidos pelo povo, tal como ocorre com o Chefe do Poder Executivo e os membros do Poder Legislativo. Além disso, não se pode olvidar que os recursos públicos são limitados e que o Poder Público alega a falta de disponibilidade orçamentária para justificar a impossibilidade de ampliação de vagas na educação infantil e no ensino fundamental. O tema é instigante e este livro pretende trazer algumas reflexões acerca dos conceitos "mínimo existencial", "reserva do possível", que foram utilizados para garantir a efetividade do direito à educação e, com isso, assegurar as condições para o exercício da democracia deliberativa.
Book Synopsis Enforcing the Rule of Law by : Enrique Peruzzotti
Download or read book Enforcing the Rule of Law written by Enrique Peruzzotti and published by University of Pittsburgh Pre. This book was released on 2006-04-07 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reports of scandal and corruption have led to the downfall of numerous political leaders in Latin America in recent years. What conditions have developed that allow for the exposure of wrongdoing and the accountability of leaders? Enforcing the Rule of Law examines how elected officials in Latin American democracies have come under scrutiny from new forms of political control, and how these social accountability mechanisms have been successful in counteracting corruption and the limitations of established institutions. This volume reveals how legal claims, media interventions, civic organizations, citizen committees, electoral observation panels, and other watchdog groups have become effective tools for monitoring political authorities. Their actions have been instrumental in exposing government crime, bringing new issues to the public agenda, and influencing or even reversing policy decisions. Enforcing the Rule of Law presents compelling accounts of the emergence of civic action movements and their increasing political influence in Latin America, and sheds new light on the state of democracy in the region.
Book Synopsis The Judicialization of Politics in Latin America by : Rachel Sieder
Download or read book The Judicialization of Politics in Latin America written by Rachel Sieder and published by Springer. This book was released on 2016-04-30 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the last two decades the judiciary has come to play an increasingly important political role in Latin America. Constitutional courts and supreme courts are more active in counterbalancing executive and legislative power than ever before. At the same time, the lack of effective citizenship rights has prompted ordinary people to press their claims and secure their rights through the courts. This collection of essays analyzes the diverse manifestations of the judicialization of politics in contemporary Latin America, assessing their positive and negative consequences for state-society relations, the rule of law, and democratic governance in the region. With individual chapters exploring Argentina, Brazil, Chile, Colombia, Costa Rica, Mexico, Peru and Venezuela, it advances a comparative framework for thinking about the nature of the judicialization of politics within contemporary Latin American democracies.
Book Synopsis Systems Convening: a Crucial Form of Leadership for the 21st Century by : Beverly Wenger-Trayner
Download or read book Systems Convening: a Crucial Form of Leadership for the 21st Century written by Beverly Wenger-Trayner and published by Social Learning Lab. This book was released on 2021-08-27 with total page 126 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book shines a light on the important work that many people are doing around the world. You may not have heard about them; what they do is rarely in their job description. You may not even be aware of what they do; they tend to act as enablers rather than taking credit or seeking the spotlight. But they are here-working to make a difference in complex social landscapes. We call them systems conveners. Systems conveners enable learning across boundaries, connect people across silos, and convene them to work on what they see can be achieved if a broader range of views are brought to bear. In this, they have a vital role to play in helping us address the complex challenges of the 21st century. The book starts with portraits of systems conveners working in different contexts including doing community development in villages in Zambia, bringing together different groups in a U.S. town to do urban planning, tackling tribal conflict resolution in Nigeria, and undertaking systems transformation in the UK National Health Service. To provide a clear articulation of the role and practice of systems conveners, the book then describes seven aspects of the work they do, with quotes from practitioners to bring these descriptions to life. The book ends with a framework for understanding and guiding systems convening. For many people, being a systems convener is only something that exists in retrospect. This highly readable book does not require familiarity with systems theory or practice. It is for and about people who find themselves doing systems convening simply because it is essential to the difference they care to make. We hope that shining a light on this work will be useful for those who already do it, for those looking for a way in, and for those who are in a position to sponsor the work. If you are a systems convener, we hope you recognize yourself in these pages and see that you are not alone. We hope you gain some language to describe what you do and find some inspiration in the approaches, practices, and strategies of your peers.
Book Synopsis The Inner Enemies of Democracy by : Tzvetan Todorov
Download or read book The Inner Enemies of Democracy written by Tzvetan Todorov and published by John Wiley & Sons. This book was released on 2015-06-01 with total page 125 pages. Available in PDF, EPUB and Kindle. Book excerpt: The political history of the twentieth century can be viewed as the history of democracy’s struggle against its external enemies: fascism and communism. This struggle ended with the fall of the Berlin Wall and the collapse of the Soviet regime. Some people think that democracy now faces new enemies: Islamic fundamentalism, religious extremism and international terrorism and that this is the struggle that will define our times. Todorov disagrees: the biggest threat to democracy today is democracy itself. Its enemies are within: what the ancient Greeks called 'hubris'. Todorov argues that certain democratic values have been distorted and pushed to an extreme that serves the interests of dominant states and powerful individuals. In the name of ‘democracy’ and ‘human rights’, the United States and some European countries have embarked on a crusade to enlighten some foreign populations through the use of force. Yet this mission to ‘help’ others has led to Abu Ghraib and Guantanamo, to large-scale destruction and loss of life and to a moral crisis of growing proportions. The defence of freedom, if unlimited, can lead to the tyranny of individuals. Drawing on recent history as well as his own experience of growing up in a totalitarian regime, Todorov returns to examples borrowed from the Western canon: from a dispute between Augustine and Pelagius to the fierce debates among Enlightenment thinkers to explore the origin of these perversions of democracy. He argues compellingly that the real democratic ideal is to be found in the delicate, ever-changing balance between competing principles, popular sovereignty, freedom and progress. When one of these elements breaks free and turns into an over-riding principle, it becomes dangerous: populism, ultra-liberalism and messianism, the inner enemies of democracy.
Book Synopsis The Global Expansion of Judicial Power by : C Neal Tate
Download or read book The Global Expansion of Judicial Power written by C Neal Tate and published by NYU Press. This book was released on 1997-06-01 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Russia, as the confrontation over the constitutional distribution of authority raged, Boris Yeltsin's economic program regularly wended its way in and out of the Constitutional Court until Yeltsin finally suspended that court in the aftermath of his clash with the hard-line parliament. In Europe, French and German legislators and executives now routinely alter desired policies in response to or in anticipation of the pronouncements of constitutional courts. In Latin America and Africa, courts are--or will be-- important participants in ongoing efforts to establish constitutional rules and policies protect new or fragile democracies from the threats of military intervention, ethnic conflict, and revolution. This global expansion of judicial power, or judicialization of politics is accompanied by an increasing domination of negotiating or decision making arenas by quasi- judicial procedures. For better or for worse, the judicialization of politics has become one of the most significant trends of the end of the millenium. In this book, political scientists, legal scholars, and judges around the world trace the intellectual origins of this trend, describe its occurence--or lack of occurence--in specific nations, analyze the circumstances and conditions that promote or retard judicialization, and evaluate the phenomenon from a variety of intellectual and ideological perspectives.
Download or read book Corrupt Cities written by and published by World Bank Publications. This book was released on 2000 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: Much of the devastation caused by the recent earthquake in Turkey was the result of widespread corruption between the construction industry and government officials. Corruption is part of everyday public life and we tend to take it for granted. However, preventing corruption helps to raise city revenues, improve service delivery, stimulate public confidence and participation, and win elections. This book is designed to help citizens and public officials diagnose, investigate and prevent various kinds of corrupt and illicit behaviour. It focuses on systematic corruption rather than the free-lance activity of a few law-breakers, and emphasises practical preventive measures rather than purely punitive or moralistic campaigns.
Book Synopsis The Courts and Social Policy by : Donald L. Horowitz
Download or read book The Courts and Social Policy written by Donald L. Horowitz and published by Brookings Institution Press. This book was released on 2010-12-10 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, the power of American judges to make social policy has been significantly broadened. The courts have reached into many matters once thought to be beyond the customary scope of judicial decisionmaking: education and employment policy, environmental issues, prison and hospital management, and welfare administration—to name a few. This new judicial activity can be traced to various sources, among them the emergence of public interest law firms and interest groups committed to social change through the courts, and to various changes in the law itself that have made access to the courts easier. The propensity for bringing difficult social questions to the judiciary for resolution is likely to persist. This book is the first comprehensive study of the capacity of courts to make and implement social policy. Donald L. Horowitz, a lawyer and social scientist, traces the imprint of the judicial process on the policies that emerge from it. He focuses on a number of important questions: how issues emerge in litigation, how courts obtain their information, how judges use social science data, how legal solutions to social problems are devised, and what happens to judge-made social policy after decrees leave the court house. After a general analysis of the adjudication process as it bears on social policymaking, the author presents four cases studies of litigation involving urban affairs, educational resources, juvenile courts and delinquency, and policy behavior. In each, the assumption and evidence with which the courts approached their policy problems are matched against data about the social settings from which the cases arose and the effects the decrees had. The concern throughout the book is to relate the policy process to the policy outcome. From his analysis of adjudication and the findings of his case studies the author concludes that the resources of the courts are not adequate to the new challenges confronting them. He suggests
Book Synopsis Constitutional Faith by : Sanford Levinson
Download or read book Constitutional Faith written by Sanford Levinson and published by Princeton University Press. This book was released on 2011-09-11 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The book is intended to make clearer the ambiguities of "constitutional faith," i.e. wholehearted attachment to the Constitution as the center of one's (and ultimately the nation's) political life."--The introduction.
Book Synopsis Corruption, Machine Politics, and Political Change by : James C. Scott
Download or read book Corruption, Machine Politics, and Political Change written by James C. Scott and published by . This book was released on 1968 with total page 58 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Book Synopsis Justices and Journalists by : Richard Davis
Download or read book Justices and Journalists written by Richard Davis and published by Cambridge University Press. This book was released on 2017-02-02 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative approach to judicial communication offering perspectives on the relationship between national supreme courts and the media covering them.
Book Synopsis Patrons, Clients and Policies by : Herbert Kitschelt
Download or read book Patrons, Clients and Policies written by Herbert Kitschelt and published by Cambridge University Press. This book was released on 2007-03-29 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: A study of patronage politics and the persistence of clientelism across a range of countries.
Book Synopsis The Rise of Modern Judicial Review by : Christopher Wolfe
Download or read book The Rise of Modern Judicial Review written by Christopher Wolfe and published by Rowman & Littlefield Publishers. This book was released on 1994-03-29 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: This major history of judicial review, revised to include the Rehnquist court, shows how modern courts have used their power to create new "rights with fateful political consequences." Originally published by Basic Books.
Download or read book CyberBRICS written by Luca Belli and published by Springer Nature. This book was released on 2021-01-04 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book stems from the CyberBRICS project, which is the first major attempt to produce a comparative analysis of Internet regulations in the BRICS countries – namely, Brazil, Russia, India, China, and South Africa. The project has three main objectives: 1) to map existing regulations; 2) to identify best practices; and 3) to develop policy recommendations in the various areas that compose cybersecurity governance, with a particular focus on the strategies adopted by the BRICS countries to date. Each study covers five essential dimensions of cybersecurity: data protection, consumer protection, cybercrime, the preservation of public order, and cyberdefense. The BRICS countries were selected not only for their size and growing economic and geopolitical relevance but also because, over the next decade, projected Internet growth is expected to occur predominantly in these countries. Consequently, the technology, policy and governance arrangements defined by the BRICS countries are likely to impact not only the 3.2 billion people living in them, but also the individuals and businesses that choose to utilize increasingly popular applications and services developed in BRICS countries according to BRICS standards. Researchers, regulators, start-up innovators and other Internet stakeholders will find this book a valuable guide to the inner workings of key cyber policies in this rapidly growing region.
Book Synopsis Unstable Constitutionalism by : Mark Tushnet
Download or read book Unstable Constitutionalism written by Mark Tushnet and published by Cambridge University Press. This book was released on 2015-09-17 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines constitutional law and practice in five South Asian countries: India, Pakistan, Sri Lanka, Nepal, and Bangladesh.
Book Synopsis E-voting by : Jaya Krishna S Naveen Kumar Agarwal
Download or read book E-voting written by Jaya Krishna S Naveen Kumar Agarwal and published by . This book was released on 2008 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: From time immemorial, by the people in a democratic set-up has been facilitated through a mechanism called Election. Electoral process involves voting by the eligible electorate and the voting system should facilitate people s true verdict. Till rec
