Constitutional Law in Venezuela PDF Download

Author: Allan R. Brewer-Carías
Publisher: Kluwer Law International B.V.
ISBN: 9403514175
Category : Law
Languages : en
Pages : 637

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Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Venezuela provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Venezuela will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.

Author: Allan R. BREWER-CARIAS
Publisher: Fundacion Editorial Juridica Venezolana
ISBN: 9789803652005
Category : Law
Languages : es
Pages : 434

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Book Description
Este libro del profesor Allan R. Brewer-Carias, recoge el conjunto de ensayos que elaboro durante los ultimos diez anos con motivo de su participacion en diversos eventos academicos conmemorativos de la Constitucion de Cadiz de 1812, que fue la primera Constitucion europea, despues de la Constitucion francesa de 1791, en haber adoptado los principios del constitucionalismo moderno, y que si bien tuvo influencia en el constitucionalismo espanol y del mundo hispanoamericano, particularmente despues de su segundo termino de vigencia a partir de 1820, la misma puede decirse que no tuvo influencia en los origenes del constitucionalismo hispanoamericano, que comenzo a gestarse cuando las Cortes espanolas todavia estaban sesionando. En las Colonias espanolas americanas, en efecto, en paralelo al proceso constituyente en la Peninsula, desde 1810 se comenzaron a producir las primeras manifestaciones de los mismos principios en el constitucionalismo en lo que puede calificarse como el constitucionalismo hispanoamericano pre-gaditano; que se concretaron en la Provincia de Caracas a partir del 19 de abril de 1810, con la eleccion de un Congreso General de diputados de las Provincias de la antigua Capitania General de Venezuela, y la sancion, por dicho Congreso, de la Declaracion de Derechos del Pueblo de 1 de julio de 1811, de la Constitucion Federal de los Estados Unidos de Venezuela de 21 de diciembre de 1811, y de Constituciones Provinciales en las mismas antiguas provincias de la Capitania General de Venezuela: Barinas (1811), Merida (1811), Trujillo (811), Barcelona (1812) y Caracas (1812); asi en las antiguas provincias del Virreinato de Nueva Granada, con la adopcion del Acta de la Federacion de 27 de noviembre de 1811 que formo el Estado "Provincias Unidas de la Nueva Granada;" y la sancion de las Constituciones provinciales de los Estados de Socorro (1810), Cundinamarca (1811), de Tunja (1811), Antioquia (1812) y Cartagena de Indias (1812). Este conjunto de riquisimos textos constitucionales de 1811 y de comienzos de 1812, cuyos principios, vicisitudes e importancia analiza el autor en este libro, son los que permiten apreciar lo ilustrada que fue la elite profesional y politica que asumio la conduccion del proceso constituyente en esos primeros anos del nacimiento de las Republicas hispanoamericanas, ajustados a los principios del constitucionalismo moderno, constituyendo un esfuerzo que lamentablemente se vio truncado tanto por la incomprension de las autoridades espanolas del momento, incluidas las mismas Cortes de Cadiz, como por las secuelas del militarismo que derivo de las guerras de independencia.

Author: Thomas Duve
Publisher: Max Planck Institute for European Legal History
ISBN: 3944773020
Category : Law
Languages : en
Pages : 272

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Book Description
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."

Author: Aniceto Masferrer
Publisher: Springer
ISBN: 3319719122
Category : Law
Languages : en
Pages : 427

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Book Description
This volume addresses an important historiographical gap by assessing the respective contributions of tradition and foreign influences to the 19th century codification of criminal law. More specifically, it focuses on the extent of French influence – among others – in European and American civil law jurisdictions. In this regard, the book seeks to dispel a number of myths concerning the French model’s actual influence on European and Latin American criminal codes. The impact of the Napoleonic criminal code on other jurisdictions was real, but the scope and extent of its influence were significantly less than has sometimes been claimed. The overemphasis on French influence on other civil law jurisdictions is partly due to a fundamental assumption that modern criminal codes constituted a break with the past. The question as to whether they truly broke with the past or were merely a degree of reform touches on a difficult issue, namely, the dichotomy between tradition and foreign influences in the codification of criminal law. Scholarship has unfairly ignored this important subject, an oversight that this book remedies.

Author: Peter Blanchard
Publisher: University of Pittsburgh Pre
ISBN: 9780822973423
Category : History
Languages : en
Pages : 260

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Book Description
During the wars for independence in Spanish South America (1808-1826), thousands of slaves enlisted under the promise of personal freedom and, in some cases, freedom for other family members. Blacks were recruited by opposing sides in these conflicts and their loyalties rested with whomever they believed would emerge victorious. The prospect of freedom was worth risking one's life for, and wars against Spain presented unprecedented opportunities to attain it.Much hedging over the slavery issue continued, however, even after the patriots came to power. The prospect of abolition threatened existing political, economic, and social structures, and the new leaders would not encroach upon what were still considered the property rights of powerful slave owners. The patriots attacked the institution of slavery in their rhetoric, yet maintained the status quo in the new nations. It was not until a generation later that slavery would be declared illegal in all of Spain's former mainland colonies.Through extensive archival research, Blanchard assembles an accessible, comprehensive, and broadly based study to investigate this issue from the perspectives of Royalists, patriots, and slaves. He examines the wartime political, ideological, and social dynamics that led to slave recruitment, and the subsequent repercussions in the immediate postindependence era. Under the Flags of Freedom sheds new light on the vital contribution of slaves to the wars for Latin American independence, which, up until now, has been largely ignored in the histories and collective memories of these nations.

Author: Marixa Lasso
Publisher: University of Pittsburgh Pre
ISBN: 0822973251
Category : History
Languages : en
Pages : 219

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Book Description
This book centers on a foundational moment for Latin American racial constructs. While most contemporary scholarship has focused the explanation for racial tolerance-or its lack-in the colonial period, Marixa Lasso argues that the key to understanding the origins of modern race relations are to be found later, in the Age of Revolution.Lasso rejects the common assumption that subalterns were passive and alienated from Creole-led patriot movements, and instead demonstrates that during Colombia's revolution, free blacks and mulattos (pardos) actively joined and occasionally even led the cause to overthrow the Spanish colonial government. As part of their platform, patriots declared legal racial equality for all citizens, and promulgated an ideology of harmony and fraternity for Colombians of all colors. The fact that blacks were mentioned as equals in the discourse of the revolution and later served in republican government posts was a radical political departure. These factors were instrumental in constructing a powerful myth of racial equality-a myth that would fuel revolutionary activity throughout Latin America.Thus emerged a historical paradox central to Latin American nation-building: the coexistence of the principle of racial equality with actual racism at the very inception of the republic. Ironically, the discourse of equality meant that grievances of racial discrimination were construed as unpatriotic and divisive acts-in its most extreme form, blacks were accused of preparing a race war. Lasso's work brings much-needed attention to the important role of the anticolonial struggles in shaping the nature of contemporary race relations and racial identities in Latin America.

Author: José Álvarez Junco
Publisher:
ISBN: 9781526106636
Category :
Languages : en
Pages : 432

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Book Description
Spanish identity in the age of nations offers the first comprehensive account in any language of the formation and development of Spanish national identity from ancient times to the present. Much has been written on French, British and German nationalism, but remarkably little has been published on Spanish nationalism. Paradoxically, even in Spain there is much more on Basque, Catalan and other regional nationalisms than on Spanish identity. As a result, this study fills an enormous gap in the literature on Spanish history. This book traces the emergence and evolution of an initial collective identity within the Iberian Peninsula from the Middle Ages to the end of the ancien regime based on the Catholic religion, loyalty to the Crown and Empire. The adaptation of this identity to the modern era, beginning with the Napoleonic Wars and the liberal revolutions, forms the crux of this study. None the less, the book also embraces the highly contested evolution of the national identity in the twentieth century, including both the Civil War and the Franco Dictatorship. Álvarez-Junco ́s pioneering study was awarded both the National Prize for Literature in Spain and the Fastenrath Prize by the Spanish Royal Academy

Author: Peter Guardino
Publisher: Duke University Press
ISBN: 0822386569
Category : History
Languages : en
Pages : 417

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Book Description
Between 1750 and 1850 Spanish American politics underwent a dramatic cultural shift as monarchist colonies gave way to independent states based at least nominally on popular sovereignty and republican citizenship. In The Time of Liberty, Peter Guardino explores the participation of subalterns in this grand transformation. He focuses on Mexico, comparing local politics in two parts of Oaxaca: the mestizo, urban Oaxaca City and the rural villages of nearby Villa Alta, where the population was mostly indigenous. Guardino challenges traditional assumptions that poverty and isolation alienated rural peasants from the political process. He shows that peasants and other subalterns were conscious and complex actors in political and ideological struggles and that popular politics played an important role in national politics in the first half of the nineteenth century. Guardino makes extensive use of archival materials, including judicial transcripts and newspaper accounts, to illuminate the dramatic contrasts between the local politics of the city and of the countryside, describing in detail how both sets of citizens spoke and acted politically. He contends that although it was the elites who initiated the national change to republicanism, the transition took root only when engaged by subalterns. He convincingly argues that various aspects of the new political paradigms found adherents among even some of the most isolated segments of society and that any subsequent failure of electoral politics was due to an absence of pluralism rather than a lack of widespread political participation.

Author: Jane Landers
Publisher: Harvard University Press
ISBN: 0674035917
Category : History
Languages : en
Pages : 353

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Book Description
In a tumultuous era of Atlantic revolutions, a remarkable group of African-born and African-descended individuals transformed themselves from slaves into active agents of their lives and times. Through prodigious archival research, Landers alters our vision of the breadth and extent of the Age of Revolution, and our understanding of its actors.

Author: Karen Spalding
Publisher: Stanford University Press
ISBN: 9780804715164
Category : Social Science
Languages : en
Pages : 384

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Book Description
This is the first attempt at synthesis of the varied data—ethnographic, historical, archaeological, and archival—on the impact of the Spanish conquest and Spanish rule on Indian society in Peru. Although the Huarochirí region is a source of most of the case histories and illustrative material, this is not a narrow regional study but a major work illuminating one of the two centers, along with Mexico, of settled Indian civilization and Spanish occupation in America. The author delineates the basic relationships upon which local Andean society was based, notably the kinship relations that, under the Incas, made possible the production of great surpluses and their efficient distribution in a region where markets were totally unknown. She then traces the impact of the Spanish colonial system upon Andean society, examining how the Indians responded to or resisted the political structures imposed upon them, and how they dealt with, were exploited by, or benefited from the Europeans who occupied their land and made it their own. This is the story of a social relationship—a relationship of inequality and oppression—that endured for centuries of Spanish rule, and inevitably led to the collapse of Andean society.