Author: Publisher:
ISBN: 9788411635981
Category :
Languages : es
Pages : 0
Book Description
La "situación constitucional" actual desde el constitucionalismo crítico (Papel + e-book)
Author: Cuba and Its Neighbours
Author: Arnold AugustPublisher: Zed Books
ISBN: 9781848138667
Category : History
Languages : en
Pages : 0
Book Description
In this groundbreaking book, Arnold August explores Cuba's unique form of democracy, presenting a detailed and balanced analysis of Cuba's electoral process and the state's functioning between elections. By comparing them with practices in the U.S., Venezuela, Bolivia and Ecuador, August shows that people's participation in politics and society is not limited to a singular, U.S.- centric understanding of democracy. Through this deft analysis, August illustrates how the process of democratization in Cuba is continually in motion and argues that a greater understanding of different political systems teaches us to not be satisfied with either blanket condemnations or idealistic political illusions.
Weak Courts, Strong Rights
Author: Mark TushnetPublisher: 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.
Territory
Author: David DelaneyPublisher: John Wiley & Sons
ISBN: 1405153059
Category : Social Science
Languages : en
Pages : 176
Book Description
This short introduction conveys the complexities associated with the term "territory" in a clear and accessible manner. It surveys the field and brings theory to ground in the case of Palestine. A clear and accessible introduction to the complexities associated with the term "territory". Provides an interdisciplinary survey of the many strands of research in the field. Addresses specific areas including interpretations of territorial structures; the relationship between territoriality and scale; the validity and fluidity of territory; and the practical, social processes associated with territorial re-configurations. Stresses that our understanding of territory is inseparable from our understanding of power. Uses Israel/Palestine as an extended illustrative case study. The author’s strong legal and geographical background gives the work an authoritative perspective.
The New Constitutional Order
Author: Mark TushnetPublisher: 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.
The Constitution of Deliberative Democracy
Author: Carlos Santiago NinoPublisher: 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.
Policymaking in Latin America
Author: Pablo T. SpillerPublisher: Inter-American Development Bank
ISBN: 159782061X
Category : Business & Economics
Languages : en
Pages : 516
Book Description
What determines the capacity of countries to design, approve and implement effective public policies? To address this question, this book builds on the results of case studies of political institutions, policymaking processes, and policy outcomes in eight Latin American countries. The result is a volume that benefits from both micro detail on the intricacies of policymaking in individual countries and a broad cross-country interdisciplinary analysis of policymaking processes in the region.
The Legal Foundations of Inequality
Author: Roberto GargarellaPublisher: 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.
The Future of Human Rights
Author: Upendra BaxiPublisher: Oxford University Press
ISBN: 019908789X
Category :
Languages : en
Pages : 583
Book Description
This book critically examines the contemporary discourses on the nature of 'human rights', their histories, the myths that are embedded in them, and contributes an alternative reading of those histories by placing the concerns and interests of the 'people in struggle and communities of resistance' at centre stage. The work analyses the significance of the United Nations (UN) and the Universal Declaration of Human Rights and goes on to study the more contemporary issues such as women's struggle to feminize the understanding and practice of human rights, the postmodernist critique of the universal idiom of human rights and, most pertinently for the current world scene, it analyses the impact of globalization on the human rights movement. The volume includes a discussion on the proposed UN norms regarding the human rights responsibilities of multinational corporations and other business entities.
The Common Good in Late Medieval Political Thought
Author: M. S. KempshallPublisher: Oxford University Press on Demand
ISBN: 9780198207160
Category : History
Languages : en
Pages : 401
Book Description
This study offers a major reinterpretation of medieval political thought by examining one of its most fundamental ideas. If it was axiomatic that the goal of human society should be the common good, then this notion presented at least two conceptual alternatives. Did it embody the highest moral ideals of happiness and the life of virtue, or did it represent the more pragmatic benefits of peace and material security? Political thinkers from Thomas Aquinas to William of Ockham answered thisquestion in various contexts. In theoretical terms, they were reacting to the rediscovery of Aristotle's Politics and Ethics, an event often seen as pivotal in the history of political thought. On a practical level, they were faced with pressing concerns over the exercise of both temporal and ecclesiastical authority - resistance to royal taxation and opposition to the jurisdiction of the pope. In establishing the connections between these different contexts, The Common Good questions the identification of Aristotle as the primary catalyst for the emergence of 'the individual' and a 'secular' theory of the state. Through a detailed exposition of scholastic political theology, it argues that the roots of any such developments should be traced, instead, to Augustine and the Bible.