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Author: András Jakab Publisher: Cambridge University Press ISBN: 1108138616 Category : Law Languages : en Pages : 867
Book Description
To what extent is the language of judicial opinions responsive to the political and social context in which constitutional courts operate? Courts are reason-giving institutions, with argumentation playing a central role in constitutional adjudication. However, a cursory look at just a handful of constitutional systems suggests important differences in the practices of constitutional judges, whether in matters of form, style, or language. Focusing on independently-verified leading cases globally, a combination of qualitative and quantitative analysis offers the most comprehensive and systematic account of constitutional reasoning to date. This analysis is supported by the examination of eighteen legal systems around the world including the European Court of Human Rights and the European Court of Justice. Universally common aspects of constitutional reasoning are identified in this book, and contributors also examine whether common law countries differ to civil law countries in this respect.
Author: Rubens Becak Publisher: Rowman & Littlefield ISBN: 1793623708 Category : Law Languages : en Pages : 285
Book Description
The Unwritten Brazilian Constitution offers an unexplored topic outside Portuguese language: the leading cases on human rights in the Brazilian Supreme Court (Supremo Tribunal Federal – STF). The Brazilian Constitution of 1988 represents an institutional framework able to restructure the relationship between the powers after the military dictatorship. The constituents drafted the Brazilian Constitution in order to set an extensive system of judicial protection for fundamental rights, by means of several instruments that have strengthened access to the Judiciary. Because the Brazilian Constitution has an extensive list of fundamental rights, the STF was called to interpret them several times and it developed an unwritten understanding of these fundamental rights. These decisions are not available to the international community since they are not translated to English. Based on this gap, this original book illustrates the main rulings on human rights analyzed by great scholars in Brazil. The text presents a deep discussion regarding the characteristics of the cases and demonstrates how the STF has built the legal arguments to interpret the extension of the fundamental rights.
Author: Inter-American Commission on Human Rights Publisher: General Secretariat Organization of American States ISBN: Category : Political Science Languages : en Pages : 176
Author: Mark Tushnet Publisher: Cambridge University Press ISBN: 1009058312 Category : Law Languages : en Pages : 197
Book Description
Twenty-first-century constitutions now typically include a new 'fourth branch' of government, a group of institutions charged with protecting constitutional democracy, including electoral management bodies, anticorruption agencies, and ombuds offices. This book offers the first general theory of the fourth branch; in a world where governance is exercised through political parties, we cannot be confident that the traditional three branches are enough to preserve constitutional democracy. The fourth branch institutions can, by concentrating within themselves distinctive forms of expertise, deploy that expertise more effectively than the traditional branches are capable of doing. However, several case studies of anticorruption efforts, electoral management bodies, and audit bureaus show that the fourth branch institutions do not always succeed in protecting constitutional democracy, and indeed sometimes undermine it. The book concludes with some cautionary notes about placing too much hope in these – or, indeed, in any – institutions as the guarantors of constitutional democracy.
Author: Nico Steytler Publisher: BRILL ISBN: 9004337571 Category : Law Languages : en Pages : 378
Book Description
Concurrency of powers – the exercise of jurisdiction by federal governments and constituent units in the same policy areas – is a key, if not the central, mode of governance in most federal systems today. Moreover, the experience has been that federal governments dominate the concurrent space giving rise to contestation. This volume, Concurrent Powers in Federal Systems: Meaning, Making and Managing, edited by Professor Nico Steytler, is the first to examine from a comparative perspective this crucial issue confronting both established and emerging federations. Case studies of 16 countries on five continents dissect the various manifestations of concurrency, analyse what drives this modern governance mode, and review management strategies that seek to guard against central dominance of concurrent areas.
Author: Alejandro de la Fuente Publisher: Cambridge University Press ISBN: 1316832325 Category : History Languages : en Pages : 663
Book Description
Alejandro de la Fuente and George Reid Andrews offer the first systematic, book-length survey of humanities and social science scholarship on the exciting field of Afro-Latin American studies. Organized by topic, these essays synthesize and present the current state of knowledge on a broad variety of topics, including Afro-Latin American music, religions, literature, art history, political thought, social movements, legal history, environmental history, and ideologies of racial inclusion. This volume connects the region's long history of slavery to the major political, social, cultural, and economic developments of the last two centuries. Written by leading scholars in each of those topics, the volume provides an introduction to the field of Afro-Latin American studies that is not available from any other source and reflects the disciplinary and thematic richness of this emerging field.
Author: Barry Ames Publisher: Routledge ISBN: 1134848285 Category : Political Science Languages : en Pages : 788
Book Description
With contributions from leading international scholars, this Handbook offers the most rigorous and up-to-date analyses of virtually every aspect of Brazilian politics, including inequality, environmental politics, foreign policy, economic policy making, social policy, and human rights. The Handbook is divided into three major sections: Part 1 focuses on mass behavior, while Part 2 moves to representation, and Part 3 treats political economy and policy. The Handbook proffers five chapters on mass politics, focusing on corruption, participation, gender, race, and religion; three chapters on civil society, assessing social movements, grass-roots participation, and lobbying; seven chapters focusing on money and campaigns, federalism, retrospective voting, partisanship, ideology, the political right, and negative partisanship; five chapters on coalitional presidentialism, participatory institutions, judicial politics, and the political character of the bureaucracy, and eight chapters on inequality, the environment, foreign policy, economic and industrial policy, social programs, and human rights. This Handbook is an essential resource for students, researchers, and all those looking to understand contemporary Brazilian politics.
Author: Laurel E. Miller Publisher: US Institute of Peace Press ISBN: 1601270550 Category : History Languages : en Pages : 737
Book Description
Analyzing nineteen cases, this title offers practical perspective on the implications of constitution-making procedure, and explores emerging international legal norms.
Author: B. Guy Peters Publisher: Emerald Group Publishing ISBN: 180117167X Category : Political Science Languages : en Pages : 137
Book Description
American Federal Systems and COVID-19 analyzes five American federations – Argentina, Brazil, Canada, Mexico, and United States – and how they have responded to a complex intergovernmental problem (CIP) such as the COVID-19 pandemic.
Author: Diana Kapiszewski
Author: Diana Kapiszewski
Author: András Jakab
Author: Rubens Becak
Author: Inter-American Commission on Human Rights
Author: Mark Tushnet
Author: Nico Steytler
Author: Alejandro de la Fuente
Author: Barry Ames
Author: Laurel E. Miller
Author: B. Guy Peters