Derechos fundamentales y estado PDF Download

Author: Johanna Fröhlich
Publisher: Bloomsbury Publishing
ISBN: 150996018X
Category : Law
Languages : en
Pages : 615

View

Book Description
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: María Teresa Vizcaíno López
Publisher: Lulu.com
ISBN: 0557627583
Category :
Languages : es
Pages : 300

View

Book Description

Author: Miguel Carbonell
Publisher:
ISBN:
Category : Law
Languages : es
Pages : 922

View

Book Description

Author: Pablo Bravo-Hurtado
Publisher: Springer Nature
ISBN: 303063731X
Category : Law
Languages : en
Pages : 232

View

Book Description
This book discusses civil litigation at the supreme courts of nine jurisdictions – Argentina, Austria, Croatia, England and Wales, France, Germany, Italy, Spain and the United States – and focuses on the available instruments used to keep the caseload of these courts within acceptable limits. Such instruments are necessary in order to allow supreme courts to fulfil their main duties, that is, the administration of justice in individual cases (private function) and providing for the uniformity and development of the law within their respective jurisdictions (public function). If the number of cases at the supreme court level is too high, the result is undue delays, which are mainly problematic with regard to the private function. It may also put the quality of the court’s judgments under pressure, which can affect its public and private function alike. Thus, measures aimed at avoiding excessive caseloads need to take both functions into account. Increasing the capacity of the court to handle larger numbers of cases may result in the court being unable to adequately fulfil its public function, since large numbers of court decisions make it difficult to guarantee the uniformity of the law and its development. Therefore, a balanced approach is needed to safeguard capacity and quality. As shown by the contributions gathered here, the nature of reform in this area is not the same everywhere. There are a variety of reasons for this heterogeneity, ranging from different understandings of the caseload problem itself, local conceptions regarding the purpose of the Supreme Court, and strong entitlements concerning the right to appeal to budgetary restrictions and extremely rigid legislation. The book also shows that the implementation of similar solutions to case overload, such as access filters, may have different effects in different jurisdictions. The conclusion might well be that the problem of overburdened courts is multifactorial and context-dependent, and that easy, one-size-fits-all solutions are hard to find and perhaps even harder to implement.

Author: Mar Aguilera Vaqués
Publisher: Edicions Universitat Barcelona
ISBN: 8491686622
Category : Education
Languages : en
Pages : 332

View

Book Description

Author: Inter-American Commission on Human Rights
Publisher: BRILL
ISBN: 9004530592
Category : Law
Languages : en
Pages : 768

View

Book Description

Author: Association for the Study of the Cuban Economy. Meeting
Publisher:
ISBN:
Category : Cuba
Languages : en
Pages : 412

View

Book Description

Author: Mariano Azuela Güitrón
Publisher: Suprema Corte de Justicia de la Nación
ISBN:
Category :
Languages : en
Pages : 14

View

Book Description

Author: United Nations. Human Rights Committee
Publisher:
ISBN:
Category : Human rights
Languages : es
Pages : 672

View

Book Description

Author: Colin J. Bennett
Publisher: Routledge
ISBN: 1351775472
Category : Political Science
Languages : en
Pages : 295

View

Book Description
This book was published in 2003.This book offers a broad and incisive analysis of the governance of privacy protection with regard to personal information in contemporary advanced industrial states. Based on research across many countries, it discusses the goals of privacy protection policy and the changing discourse surrounding the privacy issue, concerning risk, trust and social values. It analyzes at length the contemporary policy instruments that together comprise the inventory of possible solutions to the problem of privacy protection. It argues that privacy protection depends upon an integration of these instruments, but that any country's efforts are inescapably linked with the actions of others that operate outside its borders. The book concludes that, in a ’globalizing’ world, this regulatory interdependence could lead either to a search for the highest possible standard of privacy protection, or to competitive deregulation, or to a more complex outcome reflecting the nature of the issue and its policy responses.