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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: 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: 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: Sieglinde Jornitz Publisher: ISBN: 9783319934433 Category : Languages : en Pages :
Book Description
This handbook focuses on and compares the education systems in the three Americas: North, Central and South America, and includes a chapter on most countries in the region. The chapters follow a common structure and include schematic diagrams of the structure of mainstream education from pre-primary to tertiary level. Each chapter starts with a description of the historical and social foundations of the education system from the post-World War II period up to today, including political, economic and cultural contexts and conditions. By highlighting important dates and structural decisions, the current education system can be understood as resulting from past developments. The first part ends with a description of the transitions to the labour market that are offered, and the way in which these are organized in the education system described. The second part consists of an overview of the institutional and organizational principles as well as the structure of education from pre-primary to tertiary level. It includes a focus on legislative bases and financial provisions for the education system and a description of the structure by using the ISCED-classification. It further includes information of the supply of human resources such as teachers and other educators. The third and final part of the handbook discusses selected educational trends and aspects. In this context, three topics are of particular interest: dealing with inequality, ICT and digitization activities, and STEM-related policies and programmes.
Author: Nicholas Theodore Aroney Publisher: University of Toronto Press ISBN: 1487511485 Category : Law Languages : en Pages : 598
Book Description
Courts are key players in the dynamics of federal countries since their rulings have a direct impact on the ability of governments to centralize and decentralize power. Courts in Federal Countries examines the role high courts play in thirteen countries, including Australia, Brazil, Canada, Germany, India, Nigeria, Spain, and the United States. The volume’s contributors analyse the centralizing or decentralizing forces at play following a court’s ruling on issues such as individual rights, economic affairs, social issues, and other matters. The thirteen substantive chapters have been written to facilitate comparability between the countries. Each chapter outlines a country’s federal system, explains the constitutional and institutional status of the court system, and discusses the high court’s jurisprudence in light of these features. Courts in Federal Countries offers insightful explanations of judicial behaviour in the world’s leading federations.
Author: Inter-American Commission on Human Rights Publisher: General Secretariat Organization of American States ISBN: Category : Political Science Languages : en Pages : 176
Author: José Becerra Publisher: Springer Nature ISBN: 3030713482 Category : Law Languages : en Pages : 233
Book Description
This book intends to contribute to the consolidation of the new approach to lawmaking that has taken place in the last 20 years in legal philosophy and legal theory, spreading to other legal fields, especially criminal law. This new legislation science focusing on criminal problems has triggered a growing interest in the field, a dynamic which has led to a long-needed convergence of disciplines such as administrative law, criminal law, criminology, political science, sociology and, of course, legal philosophy to contribute to a more rational decision-making process for the construct of criminal laws. With the intention to continue on with the building of a solid “Criminal Legislation Science”, this work presents scholars, lawmakers and students various emblematic approaches to enrich the discussion about different and promising tools and theoretical frameworks.
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: Tom Ginsburg Publisher: Edward Elgar Publishing ISBN: 0857931210 Category : Law Languages : en Pages : 681
Book Description
This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.
Author: András Jakab
Author: András Jakab
Author: Rubens Becak
Author: Nico Steytler
Author: Sieglinde Jornitz
Author: Nicholas Theodore Aroney
Author: Inter-American Commission on Human Rights
Author: José Becerra
Author: Alejandro de la Fuente
Author: Tom Ginsburg
Author: