Author: Francisco Javier Díaz Revorio Publisher: Instituto de Estudios Constitucionales del Estado de Querétaro ISBN: 6077822442 Category : Law Languages : es Pages : 386
Book Description
El libro que ponemos a su disposición nos ofrece a lo largo de diez capítulos un estudio consistente y riguroso sobre variados temas relacionados con la teoría constitucional: comienza por explicar el valor histórico de la Constitución, así como el desarrollo histórico de la monarquía parlamentaria como límite al monarca, su necesidad, límites y contradicciones, para después pasar a la formación histórica del Parlamento contemporáneo y al desarrollo del Estado moderno. Asimismo, nos aporta bases sólidas para construir un concepto de Constitución, como norma jurídica suprema, para luego abordar el tema de los valores como fundamento de la Constitución, haciendo referencia a las teorías subjetivistas, consensualistas y el relativismo kelseniano. Los siguientes capítulos se centran en la dimensión existencial de la Constitución y algunos de sus problemas: Constitución abierta vs. democracia militante; la reforma constitucional y los diversos niveles constitucionales en Europa, así como la jerarquía y competencia en el ordenamiento constitucional español de los tratados internacionales y la solución que sobre ello decidió el Tribunal Constitucional. Finalmente, encontraremos un muy útil capítulo sobre los fundamentos para la investigación en derecho constitucional, delimitando las peculiaridades de su objeto, el método y la estructura de un estudio jurídico-constitucional. Sin duda, esta obra nos aporta los fundamentos actuales para una teoría de la Constitución y su operación eficaz.
Author: Benedict Chidi Nwachukwu-Udaku Publisher: Author House ISBN: 1463414129 Category : Antiques & Collectibles Languages : en Pages : 435
Book Description
HIV/AIDS constitutes a global problem. A good number of scholars from different nationalities, multiple rationalities, religious sensibilities, theological intelligibilities and ethical, cultural, and ecclesiastical backgrounds have affirmed that this worldwide quagmire constitutes a global health problem and social malady which does not have a well-defined geographically limited spread. The global nature of HIV/AIDS as seen in the statistics does not however undermine the fact that the effects of this sickness are not felt proportionally from one nation to another. This book proposes to situate the local as a veritable site of empowerment for communities dealing with HIV/AIDS, as it is the case with the African continent. The author of this book, over and above the way the problem of HIV/AIDS has been constructed, projected, and reviewed, decided to situate this epidemic of the 20th Century within the socio-cultural and political context of the Nigerian nation with particular reference to the Igbo people. The task of contextualizing this problem reveal the identity of the author as an Igbo, and as a theologian, who engages the indigenous ethical principles, unsophisticated traditional wisdom, cultural and religious values of his people in offering solutions that resonate the cultural identity of his people in dialogue with modern and post-modern constructs.
Author: Mark Tushnet Publisher: 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.
Author: Mark Tushnet Publisher: 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.
Author: Murray N. Rothbard Publisher: NYU Press ISBN: 1479893382 Category : Political Science Languages : en Pages : 359
Book Description
The authoritative text on the libertarian political position In recent years, libertarian impulses have increasingly influenced national and economic debates, from welfare reform to efforts to curtail affirmative action. Murray N. Rothbard's classic The Ethics of Liberty stands as one of the most rigorous and philosophically sophisticated expositions of the libertarian political position. Rothbard’s unique argument roots the case for freedom in the concept of natural rights and applies it to a host of practical problems. And while his conclusions are radical—that a social order that strictly adheres to the rights of private property must exclude the institutionalized violence inherent in the state—Rothbard’s applications of libertarian principles prove surprisingly practical for a host of social dilemmas, solutions to which have eluded alternative traditions. The Ethics of Liberty authoritatively established the anarcho-capitalist economic system as the most viable and the only principled option for a social order based on freedom. This classic book’s radical insights are sure to inspire a new generation of readers.
Author: Carlos Santiago Nino Publisher: 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.
Author: V. Richard Benjamins Publisher: Springer ISBN: 3540322531 Category : Computers Languages : en Pages : 259
Book Description
by Roberto Cencioni At the Lisbon Summit in March 2000, European heads of state and government set a new goal for the European Union — to become the most competitive knowled- based society in the world by 2010. As part of this objective, ICT (information and communication technologies) services should become available for every citizen, and for all schools, homes and businesses. The book you have in front of you is about Semantic Web technology and law. Law is something omnipresent; all citizens — at some points in their lives — have to deal with it. In addition, law involves a large group of professionals, and is a mul- billion business world wide. Information technology is important because it that can improve citizens’ interaction with law, as well as improve legal professionals’ work environment. Legal professionals dedicate a significant amount of their time to finding, reading, analyzing and synthesizing information in order to take decisions, and prepare advice and trials, among other tasks. As part of the “Semantic-Based Knowledge and Content Systems” Strategic Objective, the European Commission is funding projects to construct technology to make the Semantic Web vision come true. 1 The articles in this book are related to two current foci of the Strategic Objective : • Knowledge acquisition and modelling, capturing knowledge from raw information and multimedia content in webs and other distributed repositories to turn poorly structured information into machi- processable knowledge.
Author: Francisco Javier Díaz Revorio
Author: José Juan Moreso Mateos
Author: Benedict Chidi Nwachukwu-Udaku
Author: Pablo González Casanova
Author: Mark Tushnet
Author: Mark Tushnet
Author: Murray N. Rothbard
Author: Carlos Santiago Nino
Author: Paul Reuter
Author: V. Richard Benjamins