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Author: Ignacio Luis Vallarta
Publisher:
ISBN:
Category : Amparo (Writ)
Languages : es
Pages : 558
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Author: Ignacio Luis Vallarta
Publisher:
ISBN:
Category : Amparo (Writ)
Languages : es
Pages : 558
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Book Description
Author: Ignacio Luis Vallarta
Publisher: Wentworth Press
ISBN: 9780274278978
Category : Law
Languages : es
Pages : 552
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Book Description
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Author: Richard D. Baker
Publisher: University of Texas Press
ISBN: 1477305653
Category : Political Science
Languages : en
Pages : 319
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Book Description
The amparo suit is a Mexican legal institution similar in its effects to such Anglo-American procedures as habeas corpus, error, and the various forms of injunctive relief. It has undergone a long evolution since it was incorporated into the Constitution of 1857. Today, its principal purpose is to protect private individuals in the enjoyment of the rights guaranteed by the first twenty-nine articles of the Constitution. Mexico after its independence produced many constitutions. One of the earliest problems was to find an adequate means of defending the Constitution against ill-founded interpretations of its precepts. Like the United States, Mexico has developed a system of constitutional defense in which the judiciary is the supreme interpreter of what this document means. Unlike the United States Supreme Court, however, the Mexican Supreme Court has not been innovative in its decisions or contradicted the administration on major policy decisions. This difference must be attributed to the civil law system of Mexico as well as to the political climate. The first part of Richard D. Baker’s book describes the historical background of amparo and other methods of constitutional defense in Mexico. The three men most closely associated with creating a judicial form of constitutional defense in Mexico were Manuel Crescencio Rejón, José Fernando Ramírez, and Mariano Otero. Their own writings indicate that the immediate source of amparo must be found in the American institution of judicial review that was transmitted to Mexicans through Alexis de Tocqueville’s Democracy in America. The second part is an exposition of the workings of the amparo suit in the twentieth century and the constitutional and statutory provisions affecting it. Since 1857, when it was incorporated into article 102 of the Constitution, the amparo suit has evolved into a highly complex institution performing three functions: the defense of the civil liberties enumerated in the first twenty-nine articles of the Constitution, the determination of the constitutionality of federal and state legislation, and cassation. The Supreme Court is primarily limited to defending civil liberties through the amparo suit; it remains less innovative and more restricted than the United States system of judicial review, especially in the effect of its judgments on political agencies. Baker’s study is the first one in English dealing with this subject and is one of the most extensive in any language. It should be welcome as a valuable tool to all students of Mexican law, history, and political thought.
Author: Charles A. Hale
Publisher: Stanford University Press
ISBN: 0804786836
Category : History
Languages : en
Pages : 264
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This is an intellectual and career biography of Emilio Rabasa, the eminent Mexican jurist, politician, novelist, diplomat, journalist, and historian who opposed the Revolution of 1910-20, spent the years 1914 to 1920 in exile, but returned and was reintegrated into Mexican life until his death in 1930. Though he is still idolized by the juridical community of Mexico City, little is known about Rabasa beyond his principal publications. He was a reserved, enigmatic man who kept no personal archive and sought a low public profile. Hale reveals unknown aspects of his life, career, and personality from two extensive bodies of correspondence—with Jos Yves Limantour, finance minister from 1893 to 1911, and William F. Buckley, Sr., American lawyer and petroleum entrepreneur. He also analyzes Rabasa's political, juridical, and social ideas, arguing that they demonstrate continuity and even survival of late nineteenth-century liberalism through the revolutionary years and beyond. Rabasa's was a transformed liberalism, based on scientific politics drawn from European positivism and historical constitutionalism—an elitist rejection of abstract doctrines of natural rights and egalitarian democracy, emphasizing strong centralized yet constitutionally limited authority and empirically based economic development.
Author:
Publisher:
ISBN:
Category : Social sciences
Languages : en
Pages : 742
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Author: Association of the Bar of the City of New York. Library
Publisher:
ISBN:
Category : Bibliography
Languages : en
Pages : 1154
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Book Description
The catalogue is substantially the work of William J.C. Berry, esq., the librarian, assisted during the last year by J. Herbert Senter, esq.: it embraces nearly 40,000 volumes.
Author: William Hamilton Bryson
Publisher: Comparative Studies in Continental and Anglo-American Legal History
ISBN:
Category : Law
Languages : en
Pages : 310
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Book Description
Although the problem of ratio decidendi concerns the essence of law and justice, very little comparative work between the Continental and Anglo-American legal systems has been done on the topic. Legal literature often repeats that it is one of the sharpest points of contrast between the two legal cultures. Within the English speaking legal system, multiple opinions, both concurring and dissenting, prevail where dissent among Continental judges only occurs behind closed doors: the published decision indeed is always presented as the single and incontestable opinion of the whole court. Historical reasons are generally put forward to explain that contrast. Where in the Anglo-American Common Law system judges are asked - and always have been asked - to present the materials and reasons upon which they based their judicial opinions, in Ancien Regime continental Europe it was not considered necessary to formulate the reasons of a decision and in most courts of the European Continent it was even formally forbidden to the judges, until the end of the eighteenth century, to write down or even communicate orally "the secrets of their discussions and deliberations". To comparatists, this reveals two different cultures among judges and lawyers. In Continental Europe there is much emphasis on the idea of judging as a science which can be learned and reproduced with an impersonal rigour. The Anglo-American judge is not considered to be such a trained scientist, he is merely a practised craftsman. Can the history of ratio decidendi - but also the history of law and justice from the Middle Ages to the nineteenth century - therefore be reduced to a total contradiction between two legal cultures?
Author: Alejandro Vallarta
Publisher:
ISBN:
Category :
Languages : es
Pages : 542
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Author: University of California, Los Angeles
Publisher:
ISBN:
Category : Social sciences
Languages : en
Pages : 742
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Book Description
Author:
Publisher:
ISBN:
Category : Jurisprudence
Languages : en
Pages : 1442
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