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Author: Marianela Cedeño Bonilla Publisher: IUCN ISBN: 9782831708188 Category : Gardening Languages : en Pages : 168
Book Description
This book contains a selection of papers on various legal issues of interest to developing countries which have been prepared by Fellows from InWent who came to Germany between 2002 and 2004 from Africa, Asia, and Latin America to research and write about subjects of their choice at the IUCN Environmental Law Centre.
Author: Allan R. Brewer Carias Publisher: Ediciones Olejnik ISBN: 956392973X Category : Law Languages : en Pages : 442
Book Description
"All over the world, in all democratic States, independently of having a legal system based on the common law or on the civil law principles, the courts – special constitutional courts, supreme courts or ordinary courts – have the power to decide and declare the unconstitutionality of legislation or of other State acts when a particular statute violates the text of the Constitution or of its constitutional principles. This power of the courts is the consequence of the consolidation in contem-porary constitutionalism of three fundamental principles of law: first, the existence of a written or unwritten constitution or of a fundamental law, conceived as a superior law with clear supremacy over all other statutes; second, the “rigid” character of such constitution or fundamental law, which implies that the amendments or reforms that may be introduced can only be put into practice by means of a particular and special constituent or legislative process, preventing the ordinary legislator from doing so; and third, the establishment in that same written or unwritten and rigid constitution or fundamental law, of the judicial means for guaranteeing its supremacy, over all other state acts, including legislative acts. Accordingly, in democratic systems subjected to such principles, the courts have the power to refuse to enforce a statute when deemed to be contrary to the Constitu-tion, considering it null or void, through what is known as the diffuse system of judicial review; and in many cases, they even have the power to annul the said unconstitutional law, through what is known as the concentrated system of judicial review. The former, is the system created more than two hundred years ago by the Supreme Court of the United States, and that so deeply characterizes the North American Constitutional system. The latter system, has been adopted in consti-tutional systems in which the judicial power of judicial review has been generally assigned to the Supreme Court or to one special Constitutional Court, as is the case, for example, of many countries in Europe and in Latin America. This concentrated system of judicial review, although established in many Latin American countries since the 19th century, was only effectively developed particularly in the world after World War II following the studies of Hans Kelsen. Of course, during the past thirty years many changes have occurred in the world on these matters of Judicial Review, in particularly in Europe and specifically in the United Kingdom, where these Lectures were delivered. Nonetheless, I have decided to publish them hereto in its integrality, as they were: the written work of a law professor made as a consequence of his research for the preparation of his lectures, not pretending to be anything else, but the academic testimony of the state of the subject of judicial review in the world in 1985-1986". Allan R. Brewer–Carías.
Author: Laura Pedraza Fariña Publisher: Human Rights Program, Harvard Law School ISBN: Category : History Languages : en Pages : 244
Book Description
"This book examines the phenomenon of youth gangs and documents human rights violations associated with gang violence and Salvadoran governmental responses to it. The book complements its analysis of gang state, and clandestine violence in El Salvador with narrative excerpts from interviews with victims and witnesses." --Book Jacket.
Author: Anne M Larson Publisher: Routledge ISBN: 1136543767 Category : Nature Languages : en Pages : 282
Book Description
Who has rights to forests and forest resources? In recent years governments in the South have transferred at least 200 million hectares of forests to communities living in and around them . This book assesses the experience of what appears to be a new international trend that has substantially increased the share of the world's forests under community administration. Based on research in over 30 communities in selected countries in Asia (India, Nepal, Philippines, Laos, Indonesia), Africa (Burkina Faso, Cameroon, Ghana) and Latin America (Bolivia, Brazil, Guatemala, Nicaragua), it examines the process and outcomes of granting new rights, assessing a variety of governance issues in implementation, access to forest products and markets and outcomes for people and forests . Forest tenure reforms have been highly varied, ranging from the titling of indigenous territories to the granting of small land areas for forest regeneration or the right to a share in timber revenues. While in many cases these rights have been significant, new statutory rights do not automatically result in rights in practice, and a variety of institutional weaknesses and policy distortions have limited the impacts of change. Through the comparison of selected cases, the chapters explore the nature of forest reform, the extent and meaning of rights transferred or recognized, and the role of authority and citizens' networks in forest governance. They also assess opportunities and obstacles associated with government regulations and markets for forest products and the effects across the cases on livelihoods, forest condition and equity. Published with CIFOR
Author: Stephen Zamora Publisher: Oxford University Press, USA ISBN: 9780199288489 Category : Law Languages : en Pages : 0
Book Description
In addition to setting forth rules and legal doctrines (with reference to practical application of the law), this volume surveys the key institutions that make and enforce the law in Mexico, and places them in their historical and cultural context.
Author: Jean-Michel Lafleur Publisher: Springer Nature ISBN: 3030512371 Category : Social Science Languages : en Pages : 450
Book Description
This third and last open access volume in the series takes the perspective of non-EU countries on immigrant social protection. By focusing on 12 of the largest sending countries to the EU, the book tackles the issue of the multiple areas of sending state intervention towards migrant populations. Two “mirroring” chapters are dedicated to each of the 12 non-EU states analysed (Argentina, China, Ecuador, India, Lebanon, Morocco, Russia, Senegal, Serbia, Switzerland, Tunisia, Turkey). One chapter focuses on access to social benefits across five core policy areas (health care, unemployment, old-age pensions, family benefits, guaranteed minimum resources) by discussing the social protection policies that non-EU countries offer to national residents, non-national residents, and non-resident nationals. The second chapter examines the role of key actors (consulates, diaspora institutions and home country ministries and agencies) through which non-EU sending countries respond to the needs of nationals abroad. The volume additionally includes two chapters focusing on the peculiar case of the United Kingdom after the Brexit referendum. Overall, this volume contributes to ongoing debates on migration and the welfare state in Europe by showing how non-EU sending states continue to play a role in third country nationals’ ability to deal with social risks. As such this book is a valuable read to researchers, policy makers, government employees and NGO’s.