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Author: Publisher: ISBN: Category : Languages : es Pages :
Book Description
Era preciso, antes de centrar nuestra tesis en la interpretacion constitucional, repasar las notas caracteristicas de la hermeneutica juridica; para nosotros las siguientes: creatividad, concrecion y eleccion dentro de una riqueza notable del proceso interpretativo. La relacion hermeneutica constitucional se estudia en su complejidad prestando atencion a todos los elementos que en ella juegan, a saber: sujetos (en especial los Tribunales Constitucionales); objeto (las formas distintas de presentarse este); y el metodo. Por lo que respecta a este ultimo destacar la insuficiencia de los modos tradicionales de interpretar, entre los cuales sin embargo, resulta especialmente util la sistematicidad. Hablamos de los elementos sustanciales de la interpretacion constitucional (evoluticidad, politicidad y factor axiologico). El metodo se dirige y ...
Author: Publisher: ISBN: Category : Languages : es Pages :
Book Description
Era preciso, antes de centrar nuestra tesis en la interpretacion constitucional, repasar las notas caracteristicas de la hermeneutica juridica; para nosotros las siguientes: creatividad, concrecion y eleccion dentro de una riqueza notable del proceso interpretativo. La relacion hermeneutica constitucional se estudia en su complejidad prestando atencion a todos los elementos que en ella juegan, a saber: sujetos (en especial los Tribunales Constitucionales); objeto (las formas distintas de presentarse este); y el metodo. Por lo que respecta a este ultimo destacar la insuficiencia de los modos tradicionales de interpretar, entre los cuales sin embargo, resulta especialmente util la sistematicidad. Hablamos de los elementos sustanciales de la interpretacion constitucional (evoluticidad, politicidad y factor axiologico). El metodo se dirige y ...
Author: Mark Tushnet Publisher: Princeton University Press ISBN: 1400828155 Category : Political Science Languages : en Pages : 288
Book Description
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.
Author: Rafael Di Tella Publisher: University of Chicago Press ISBN: 0226791858 Category : Business & Economics Languages : en Pages : 486
Book Description
This title presents a survey of the crime problem in Latin America, which takes a very broad and appropriately reductionist approach to analyse the determinants of the high crime levels, focusing on the negative social conditions in the region, including inequality and poverty, and poor policy design, such as relatively low police presence. The chapters illustrate three channels through which crime might generate poverty, that is, by reducing investment, by introducing assets losses, and by reducing the value of assets remaining in the control of households.
Author: Mark Tushnet Publisher: Princeton University Press ISBN: 1400825555 Category : Law Languages : en Pages : 277
Book Description
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.
Author: Carlos Santiago Nino Publisher: Yale University Press ISBN: 9780300077278 Category : Political Science Languages : en Pages : 268
Book Description
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.
Author: Kenneth D. Wald Publisher: Rowman & Littlefield ISBN: 1442225556 Category : Religion Languages : en Pages : 497
Book Description
From marriage equality, to gun control, to immigration reform and the threat of war, religion plays a fascinating and crucial part in our nation's political process and in our culture at large. Now in its seventh edition, Religion and Politics in the United States includes analyses of the nation's most pressing political matters regarding religious freedom, and the ways in which that essential constitutional freedom situates itself within modern America. The book also explores the ways that religion has affected the orientation of partisan politics in the United States. Through a detailed review of the political attitudes and behaviors of major religious and minority faith traditions, the book establishes that religion continues to be a major part of the American cultural and political milieu while explaining that it must interact with many other factors to influence political outcomes in the United States.
Author: Nora Clichevsky Publisher: ISBN: 9781558441491 Category : Land use, Urban Languages : en Pages : 0
Book Description
Vacant urban land--the product of land market activity, the actions of private agents, and the policies of public agents--is an important challenge for policy makers. Vacant lots on the urban fringe and in central and interstitial areas have affected growth patterns in Latin America. Contributors to this book analyze the problems and opportunities related to vacant urban land in five cities: Buenos Aires, Argentina; Rio de Janeiro, Brazil; Quito, Ecuador; Lima, Perú; and San Salvador, El Salvador.
Author: John Arzinos Publisher: World Bank Publications ISBN: 1464817758 Category : Social Science Languages : en Pages : 182
Book Description
Despite legal and social advances in the past two decades, sexual and gender minorities continue to face widespread discrimination and violence in many countries. This discrimination and violence lead to exclusion, which adversely impacts their lives, as well as the communities and economies in which they live. A major barrier to addressing this stigma and sexual orientation and gender identity(SOGI)-based exclusion is the lack of SOGI-specific data. Robust, quantitative data on di‚fferential development experiences and outcomes of sexual and gender minorities--especially those in developing countries--is extremely thin. This paucity of data jeopardizes the achievement of the Sustainable Development Goals and countries' commitment to the principle of 'leaving no one behind' in the eff‚ort to end poverty and inequality. 'Equality of Opportunity for Sexual and Gender Minorities' assesses the unique challenges that sexual and gender minorities face in six important areas: (i) Criminalization and SOGI (ii) Access to education (iii) Access to the labor market (iv) Access to public services and social protection (v) Civil and political inclusion (vi) Protection from hate crimes. This report cov‚ers numerous policy recommendations to prevent and eliminate discriminatory practices in all of the areas covered. It also seeks to inflŽuence legislative changes and support research on institutions and regulations that can ultimately lead to poverty reduction and shared prosperity. At the same time, it acknowledges that the mere existence of inclusive laws and regulations does not ensure that sexual and gender minorities are free from discrimination--the enforcement of those laws is crucial. This publication, the first in a series of studies, will be expanded from the 16 countries included here to a wider set of countries for more in-depth quantitative analysis and to identify possible correlations with socioeconomic outcomes. It will seek to deepen knowledge, facilitate peer learning of good practices, and encourage reforms to increase the inclusion of sexual and gender minorities.
Author: Roberto Gargarella Publisher: Cambridge University Press ISBN: 1139485989 Category : Political Science Languages : en Pages : 287
Book Description
The long revolutionary movements that gave birth to constitutional democracies in the Americas were founded on egalitarian constitutional ideals. They claimed that all men were created equal with similar capacities and also that the community should become self-governing. Following the first constitutional debates that took place in the region, these promising egalitarian claims, which gave legitimacy to the revolutions, soon fell out of favor. Advocates of a conservative order challenged both ideals and favored constitutions that established religion and created an exclusionary political structure. Liberals proposed constitutions that protected individual autonomy and rights but established severe restrictions on the principle of majority rule. Radicals favored an openly majoritarian constitutional organization that, according to many, directly threatened the protection of individual rights. This book examines the influence of these opposite views during the 'founding period' of constitutionalism in countries including the United States, Argentina, Colombia, Chile, Ecuador, Mexico, Peru, and Venezuela.
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Author: Josep Maria Castella Andreu
Author: Mark Tushnet
Author: Rafael Di Tella
Author: Mark Tushnet
Author: Carlos Santiago Nino
Author: Kenneth D. Wald
Author: Nora Clichevsky
Author: John Arzinos
Author: Roberto Gargarella