Espacios de democracia deliberativa en contextos de reforma constitucional PDF Download

Author: Cuesta López, Víctor
Publisher: Marcial Pons
ISBN: 8413814278
Category :
Languages : es
Pages : 198

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Book Description
El presente trabajo ofrece un análisis de los procesos de reforma constitucional activados en los últimos años que responden a los postulados propios de la democracia deliberativa. La deliberación, entendida como un proceso de interacción comunicativa dirigido a la adopción de las decisiones públicas en el que priman la reflexión crítica y el diálogo constructivo, se presenta desde esta perspectiva teórica como un método idóneo para forjar los amplios consensos sociales y políticos sobre los que deben descansar, necesariamente, los procesos de gestación del Derecho constitucional positivo. Entre los casos de estudio seleccionados se encuentran: la propuesta de reforma electoral para la Columbia Británica (Canadá) formulada en el año 2004 por una Asamblea Ciudadana; el fallido proceso constituyente en la República de Islandia (2009-2013) en el que se convocan, sucesivamente, dos espacios de deliberación ciudadana (Foro Nacional y Consejo Constitucional); las enmiendas parciales a la Constitución de la República de Irlanda propuestas por la Convención Constitucional (2012-2014) y la Asamblea Ciudadana (2016-2018), que han supuesto el reconocimiento jurídico de los matrimonios entre personas del mismo sexo y la práctica de la interrupción del embarazo; y los dos últimos proyectos de reemplazo constitucional en Chile: el proceso "Diálogos Ciudadanos" (2015-2017), que sirve de base para la redacción de las Bases Ciudadanas para una Nueva Constitución, propuesta de reforma abandonada tras el relevo de la presidenta Bachelet, y el proceso constituyente abierto actualmente, que debe llevar a la Convención Constitucional a adoptar un proyecto de Constitución debatida en democracia.

Author: Víctor Cuesta López
Publisher:
ISBN: 9788413813912
Category :
Languages : es
Pages : 198

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Author: Alexis de Tocqueville
Publisher: Library of Alexandria
ISBN: 1613105002
Category : Political Science
Languages : en
Pages : 1320

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Amongst the novel objects that attracted my attention during my stay in the United States, nothing struck me more forcibly than the general equality of conditions. I readily discovered the prodigious influence which this primary fact exercises on the whole course of society, by giving a certain direction to public opinion, and a certain tenor to the laws; by imparting new maxims to the governing powers, and peculiar habits to the governed. I speedily perceived that the influence of this fact extends far beyond the political character and the laws of the country, and that it has no less empire over civil society than over the Government; it creates opinions, engenders sentiments, suggests the ordinary practices of life, and modifies whatever it does not produce. The more I advanced in the study of American society, the more I perceived that the equality of conditions is the fundamental fact from which all others seem to be derived, and the central point at which all my observations constantly terminated. I then turned my thoughts to our own hemisphere, where I imagined that I discerned something analogous to the spectacle which the New World presented to me. I observed that the equality of conditions is daily progressing towards those extreme limits which it seems to have reached in the United States, and that the democracy which governs the American communities appears to be rapidly rising into power in Europe. I hence conceived the idea of the book which is now before the reader. It is evident to all alike that a great democratic revolution is going on amongst us; but there are two opinions as to its nature and consequences. To some it appears to be a novel accident, which as such may still be checked; to others it seems irresistible, because it is the most uniform, the most ancient, and the most permanent tendency which is to be found in history. Let us recollect the situation of France seven hundred years ago, when the territory was divided amongst a small number of families, who were the owners of the soil and the rulers of the inhabitants; the right of governing descended with the family inheritance from generation to generation; force was the only means by which man could act on man, and landed property was the sole source of power. Soon, however, the political power of the clergy was founded, and began to exert itself: the clergy opened its ranks to all classes, to the poor and the rich, the villein and the lord; equality penetrated into the Government through the Church, and the being who as a serf must have vegetated in perpetual bondage took his place as a priest in the midst of nobles, and not infrequently above the heads of kings. The different relations of men became more complicated and more numerous as society gradually became more stable and more civilized. Thence the want of civil laws was felt; and the order of legal functionaries soon rose from the obscurity of the tribunals and their dusty chambers, to appear at the court of the monarch, by the side of the feudal barons in their ermine and their mail. Whilst the kings were ruining themselves by their great enterprises, and the nobles exhausting their resources by private wars, the lower orders were enriching themselves by commerce. The influence of money began to be perceptible in State affairs. The transactions of business opened a new road to power, and the financier rose to a station of political influence in which he was at once flattered and despised. Gradually the spread of mental acquirements, and the increasing taste for literature and art, opened chances of success to talent; science became a means of government, intelligence led to social power, and the man of letters took a part in the affairs of the State. The value attached to the privileges of birth decreased in the exact proportion in which new paths were struck out to advancement. In the eleventh century nobility was beyond all price; in the thirteenth it might be purchased; it was conferred for the first time in 1270; and equality was thus introduced into the Government by the aristocracy itself.

Author: OECD
Publisher: OECD Publishing
ISBN: 9264019952
Category :
Languages : en
Pages : 198

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This book examines how to build robust legal, institutional and policy frameworks for access to information, consultation and public participation in policy-making.

Author: Anthony Giddens
Publisher: John Wiley & Sons
ISBN: 0745666604
Category : Political Science
Languages : en
Pages : 130

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Book Description
The idea of finding a 'third way' in politics has been widely discussed over recent months - not only in the UK, but in the US, Continental Europe and Latin America. But what is the third way? Supporters of the notion haven't been able to agree, and critics deny the possibility altogether. Anthony Giddens shows that developing a third way is not only a possibility but a necessity in modern politics.

Author: Mark Tushnet
Publisher: Princeton University Press
ISBN: 1400828155
Category : Political Science
Languages : en
Pages : 288

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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: Moises Arce
Publisher:
ISBN: 9781773854366
Category :
Languages : en
Pages : 0

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In 2011, political protests sprang up across the world. In the Middle East, Europe, Latin America, the United States unlikely people sparked or led massive protest campaigns from the Arab Spring to Occupy Wall Street. These protests were made up of educated and precariously employed young people who challenged the legitimacy of their political leaders, exposed a failure of representation, and expressed their dissatisfaction with their place in the aftermath of financial and economic crisis. This book interrogates what impacts--if any--this global protest cycle had on politics and policy and shows the sometimes unintended ways it continues to influence contemporary political dynamics throughout the world. Proposing a new framework of analysis that calls attention to the content and claims of protests, their global connections, and the responsiveness of political institutions to protest demands, this is one of the few books that not only asks how protest movements are formed but also provides an in-depth examination of what protest movements can accomplish. With contributions examining the political consequences of protest, the roles of social media and the internet in protest organization, left- and right-wing movements in the United States, Chile's student movements, the Arab Uprisings, and much more this collection is essential reading for all those interested in the power of protest to shape our world.

Author: OECD
Publisher: OECD Publishing
ISBN: 9264725903
Category :
Languages : en
Pages : 198

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Public authorities from all levels of government increasingly turn to Citizens' Assemblies, Juries, Panels and other representative deliberative processes to tackle complex policy problems ranging from climate change to infrastructure investment decisions. They convene groups of people representing a wide cross-section of society for at least one full day – and often much longer – to learn, deliberate, and develop collective recommendations that consider the complexities and compromises required for solving multifaceted public issues.

Author: Bela Balassa
Publisher: Routledge
ISBN: 1136646310
Category : Business & Economics
Languages : en
Pages : 319

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First published in 1962, The Theory of Economic Integration provides an excellent exposition of a complex and far-reaching topic. Professor Balassa has been remarkably successful in covering so much ground with such care and balance, in a treatment which is neither in any way abstruse nor unnecessarily technical. His book will interest economists in Europe by reason of its subject and treatment, but it is also a valuable and reliable textbook for students tackling integration as part of a course of International Economics and for those studying Public Finance. He distinguishes between the various forms of integration (free trade area, customs union, common market, economics union, and total integration). In addition, he applies the theoretical principles to current projects such as the European Common Market and Free Trade Area, and to Latin American integration projects. In offering this theoretical study, the author builds on the conclusions of other writers, but goes beyond this in providing a unifying framework for previous contributions and in exploring questions that in the past received little attention – in particular, the relationship between economic integration and growth (especially the interrelationship between market size and growth, and the implications of various factors for economic growth in an integrated area).

Author: United States. Bureau of Labor Statistics
Publisher:
ISBN:
Category : Labor supply
Languages : en
Pages : 126

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