La justicia constitucional en el estado democrático PDF Download

Author: Eduardo Espín Templado
Publisher:
ISBN: 9788484421306
Category : Constitutional courts
Languages : es
Pages : 477

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Author: Johanna Fröhlich
Publisher: Bloomsbury Publishing
ISBN: 150996018X
Category : Law
Languages : en
Pages : 615

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Book Description
This book examines the reasoning practice of 15 constitutional courts and supreme courts, including the Caribbean Commonwealth and the Inter-American Court of Human Rights. Enriched by empirical data, with which it strives to contribute to a constructive and well-informed debate, the volume analyses how Latin American courts justify their decisions. Based on original data and a region-specific methodology, the book provides a systematic analysis utilising more than 600 leading cases. It shows which interpretive methods and concepts are most favoured by Latin American courts, and which courts were the most prolific in their reasoning activities. The volume traces the features of judicial dialogue on a regional and sub-regional level and enables the evaluation and comparison of each country's reasoning culture in different epochs. The collection includes several graphs to visualise the changes and tendencies of the reasoning practices throughout time in the region, based on information gathered from the dataset. To better understand the current functioning and the future tendencies of courts in Latin America and the Caribbean, the volume illuminates how constitutional and supreme courts have actually been making their decisions in the selected landmark cases, which could also contribute to future successful litigation strategies for both national constitutional courts and the Inter-American Court for Human Rights. This project was made possible due to the collaboration and funding provided by the Rule of Law Programme for Latin America of the Konrad Adenauer Foundation and the Law School of the University of San Francisco de Quito.

Author: César Landa
Publisher: Cambridge Scholars Publishing
ISBN: 1036407217
Category : Law
Languages : en
Pages : 547

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Book Description
The book delves into constitutional essays focused on Latin America, with a particular emphasis on Peru. It explores legal theories surrounding the development of human rights, rooted in constitutional pluralism. Drawing from the insights gathered by organizations within the Inter-American Human Rights System, notably the Court and the Commission, this examination extends to its impact on local judicial bodies, including the Judiciary and notably the Constitutional Court. These efforts aim to protect traditional civil and political rights alongside social rights. However, the work also addresses the ongoing challenge of safeguarding emerging rights, such as fundamental digital and environmental rights, while bolstering protections for vulnerable populations like migrants and the LGBTQ+ community. By adopting a holistic approach, the book aspires to serve as a valuable resource for academics, experts, students, and professionals engaged in the study and practice of Latin American Constitutionalism.

Author: Allan R. Brewer-Carías
Publisher: Kluwer Law International B.V.
ISBN: 9403514175
Category : Law
Languages : en
Pages : 637

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Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Venezuela provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Venezuela will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.

Author: Teresa M.G. Da Cunha Lopes
Publisher: Lulu.com
ISBN: 0557307007
Category : Law
Languages : es
Pages : 234

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Book Description
El objeto central de la Teoría del Estado es el conjunto de organizaciones formales, normas y procedimientos a través de los cuales se canaliza y manifiesta el poder público. Por lo tanto, el núcleo sobre el que se vertebra el estudio del Estado son las instituciones del sistema político, lo que induce al análisis de las relaciones entre éstas y los particulares, así como las relaciones entre el poder ejecutivo, legislativo y judicial. Son también objeto de la Teoría del Estado la organización territorial del poder, la Administración Pública en sus diferentes niveles, la constitución y el Derecho Público en general. Por último, para el conocimiento del sistema político es esencial el estudio de los factores dinámicos, como son los partidos políticos y los procesos electorales.

Author: Armin von Bogdandy
Publisher: Oxford University Press
ISBN: 0192515470
Category : Law
Languages : en
Pages : 513

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Book Description
This ground-breaking collection of essays outlines and explains the unique development of Latin American jurisprudence. It introduces the idea of the Ius Constitutionale Commune en América Latina (ICCAL), an original Latin American path of transformative constitutionalism, to an Anglophone audience for the first time. It charts the key developments that have transformed the region and assesses the success of the constitutional projects that followed a period of authoritarian regimes in Latin America. Coined by scholars who have been documenting, conceptualizing, and comparing the development of Latin American public law for more than a decade, the term ICCAL encompasses themes that cross national borders and legal fields, taking in constitutional law, administrative law, general public international law, regional integration law, human rights, and investment law. Not only does this volume map the legal landscape, it also suggests measures to improve society via due legal process and a rights-based, supranational and regionally rooted constitutionalism. The editors contend that with the strengthening of democracy, the rule of law, and human rights, common problems such as the exclusion of wide sectors of the population from having a say in government, as well as corruption, hyper-presidentialism, and the weak normativity of the law can be combatted more effectively in future.

Author: Manuel Eduardo Góngora Mera
Publisher: Manuel Eduardo Gongora-Mera
ISBN: 9968611670
Category : Law
Languages : en
Pages : 323

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Author: Peter Haberle
Publisher: Mohr Siebeck
ISBN: 9783161465499
Category : Law
Languages : en
Pages : 650

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Book Description

Author: Francesco Biagi
Publisher: Cambridge University Press
ISBN: 1108489397
Category : Law
Languages : en
Pages : 261

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Book Description
A comparative perspective of role played by three generations of European Constitutional Courts in the process of transition to democracy.

Author: Rainer Arnold
Publisher: Springer Nature
ISBN: 3031398041
Category : Law
Languages : en
Pages : 266

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Book Description
The rule of law represents the heart of constitutionalism. Public power can only be legitimately exercised if it is based on and complies with the law. The Constitution and its fundamental values – human dignity, freedom and equality – are the ultimate sources of orientation for the rule of law. Domestic rule of law is complemented by its external dimension, the duty to respect international law and, for EU member states, supranational law. For the World Jurist Association, the realization of the Rule of Law has been the central concern since its founding more than 60 years ago. Its biennial world congresses, which bring together leading figures from politics, the judiciary and academia under the presidency of Javier Cremades, focus on the universal importance of the rule of law, which experts from numerous countries discuss on the basis of current problem areas. At the 2021 World Law Congress in Barranquilla, Colombia, one central topic was the tension between combating pandemics and the rule of law. The contributions gathered here examine how this challenge was met in political-legal practice, and the role of constitutional jurisdiction in the process. They analyze and evaluate the legal situation in numerous countries in Europe and Latin America. In addition, they reflect on fundamental issues, such as the concept of the rule of law, its relationship to democracy, its universal character and its implementation via jurisprudence.