The DNA of Constitutional Justice in Latin America PDF Download
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Author: Daniel M. Brinks
Publisher: Cambridge University Press
ISBN: 1107178363
Category : Law
Languages : en
Pages : 281
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Book Description
Analyzes the political roots of the systems of constitutional justice in Latin America, tracing their development over the last 40 years.
Author: Daniel M. Brinks
Publisher: Cambridge University Press
ISBN: 1107178363
Category : Law
Languages : en
Pages : 281
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Book Description
Analyzes the political roots of the systems of constitutional justice in Latin America, tracing their development over the last 40 years.
Author: Grant Huscroft
Publisher: Cambridge University Press
ISBN: 9780521887410
Category : Law
Languages : en
Pages : 332
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Book Description
What does it mean to interpret the constitution? Does constitutional interpretation involve moral reasoning, or is legal reasoning something different? What does it mean to say that a limit on a right is justified? How does judicial review fit into a democratic constitutional order? Are attempts to limit its scope incoherent? How should a jurist with misgivings about the legitimacy of judicial review approach the task of judicial review? Is there a principled basis for judicial deference? Do constitutional rights depend on the protection of a written constitution, or is there a common law constitution that is enforceable by the courts? How are constitutional rights and unwritten constitutional principles to be reconciled? In this book, these and other questions are debated by some of the world's leading constitutional theorists and legal philosophers. Their essays are essential reading for anyone concerned with constitutional rights and legal theory.
Author: Herman Schwartz
Publisher: University of Chicago Press
ISBN: 9780226741963
Category : History
Languages : en
Pages : 380
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Book Description
In the former Eastern Bloc countries, one of the most difficult and important aspects of the transition to democracy has been the establishment of constitutional justice and the rule of law. Herman Schwartz's wide-ranging book, backed with rich historical detail and a massive array of research, is the first to chronicle and analyze the rise and troubles of constitutional courts in this changing region. "Those who are interested in understanding the behavior of constitutional courts in transitional regimes cannot afford to ignore this important book. . . . [It] is fecund with hypotheses of interest to political scientists, and we are indebted to Professor Schwartz for his comprehensive analysis."—James L. Gibson, Law and Politics Book Review
Author: Wojciech Sadurski
Publisher: Springer Science & Business Media
ISBN: 9789041118837
Category : Philosophy
Languages : en
Pages : 472
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Book Description
How can the power of constitutional judges to overturn parliamentary choices on the basis of their own reading of the constitution, be reconciled with fundamental democratic principles which assign the supreme role in the political system to parliaments? This time-honoured question acquired a new significance when the post-commumst countries of Central and Eastern Europe, without exception, adopted constitutional models in which constitutional courts play a very significant role, at least in theory. Can we learn something about the relationship between democracy and constitutionalism in general, from the meteoric rise of constitutional tribunals in the post-communist countries? Can the discussions and controversies relating to constitutional review which have been going on for decades in more established democracies illuminate the sources of the strength of constitutional courts in Central and Eastern Europe? These questions lie at the center of this book, which focuses on the question of constitutional review in postcommunist states, from a theoretical and comparative perspective. The chapters contained in the book outline the conceptual framework for analyzing the sources, the role and the legitimacy of constitutional justice in a system of political democracy. From this perspective, it assesses the experience of constitutional justice in the West (where the model originated) and in Central and Eastern Europe, where the model has been implanted after the fail of Communism.
Author: Vittoria Barsotti
Publisher: Oxford University Press
ISBN: 0190214554
Category : Law
Languages : en
Pages : 329
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Book Description
Italian Constitutional Justice in Global Context is the first book ever published in English to provide an international examination of the Italian Constitutional Court (ItCC), offering a comprehensive analysis of its principal lines of jurisprudence, historical origins, organization, procedures, and its current engagement with transnational European law. The ItCC represents one of the strongest and most successful examples of constitutional judicial review, and is distinctive in its structure, institutional dimensions, and well-developed jurisprudence. Moreover, the ItCC has developed a distinctive voice among global constitutional actors in its adjudication of a broad range of topics from fundamental rights and liberties to the allocations of governmental power and regionalism. Nevertheless, in global constitutional dialog, the voice of the ItCC has been almost entirely absent due to a relative lack of both English translations of its decisions and of focused scholarly commentary in English. This book describes the Italian Style in global constitutional adjudication, and aims to elevate Italian constitutional jurisprudence to an active participant role in global constitutional discourse. The authors have carefully structured the work to allow the ItCC's own voice to emerge. It presents broad syntheses of major areas of the Court's case law, provides excerpts from notable decisions in a narrative and analytical context, addresses the tension between the ItCC and the Court of Cassation, and positions the development, character, and importance of the ItCC's jurisprudence in the larger arc of global judicial dialog.
Author: Laurence Tribe
Publisher: Macmillan
ISBN: 0805099093
Category : Law
Languages : en
Pages : 416
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Book Description
An assessment of how the Supreme Court under Chief Justice John Roberts is significantly influencing the nation's laws and reinterpreting the Constitution includes in-depth analysis of recent rulings and their implications.
Author: Ralf Rogowski
Publisher:
ISBN: 9781785332739
Category : Constitutional courts
Languages : en
Pages : 304
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Book Description
The side-by-side comparison between the U.S. Supreme Court and the German Federal Constitutional Court provides a novel socio-legal approach in studying constitutional litigation, focusing on conditions of mobilisation, decision-making and implementation.
Author: Vittoria Barsotti
Publisher: Routledge
ISBN: 1000217477
Category : Law
Languages : en
Pages : 407
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Book Description
This collection adopts a distinctive method and structure to introduce the work of Italian constitutional law scholars into the Anglophone dialogue while also bringing a number of prominent non-Italian constitutional law scholars to study and write about constitutional justice in a global context. The work presents six distinct areas of particular interest from a comparative constitutional perspective: first, the role of legal scholarship in the work of constitutional courts; second, structures and processes that contribute to more “open” or “closed” styles of constitutional adjudication; third, pros and cons of collegiality in the work of constitutional courts; fourth, forms of access by individuals to constitutional justice; fifth, methods of constitutional interpretation; and sixth, the relationship between national constitutional adjudication and the transnational context. In each of these six areas, the volume sets up a new and genuine constitutional dialogue between an Italian scholar presenting a discussion and critical assessment of the specific topic, and a non-Italian scholar who responds elaborating the issue as seen from constitutional law beyond the Italian system. The resulting six such dialogues thus provide a dynamic, in-depth, multidimensional, national and transnational/comparative examination of these areas in which the `Italian style’ of constitutional adjudication has a distinctive contribution to make to comparative constitutional law in general. Fostering a deeper knowledge of the Italian Constitutional Court within the comparative global space and advancing a creative and fruitful methodological approach, the book will be fascinating reading for academics and researchers in comparative constitutional law.
Author: Jacqueline R. Kanovitz
Publisher: Routledge
ISBN: 0429892098
Category : Social Science
Languages : en
Pages : 876
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Book Description
Criminal justice professionals often do not receive the training they need to recognize constitutional principles that apply to their everyday work. Constitutional Law for Criminal Justice offers a way to solve this problem by providing a comprehensive, well-organized, and up-to-date analysis of constitutional issues that affect criminal justice professionals. Constitutional Law for Criminal Justice makes complex concepts accessible to students at all levels of criminal justice education. The chapters begin with an outline and end with a summary. Key terms and concepts are defined in the glossary. Tables, figures, and charts are used to synthesize and simplify information. The result is an incomparably clear, student-friendly textbook that has remained a leader in criminal justice education for 50 years.
Author: Elizabeth F. Thompson
Publisher: Harvard University Press
ISBN: 0674076095
Category : History
Languages : en
Pages : 433
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Book Description
The Arab Spring uprising of 2011 is portrayed as a dawn of democracy in the region. But the revolutionaries were—and saw themselves as—heirs to a centuries-long struggle for just government and the rule of law. In Justice Interrupted we see the complex lineage of political idealism, reform, and violence that informs today’s Middle East.
