Author: Mar a Jos Falc N y Tella
Publisher: Martinus Nijhoff Publishers
ISBN: 9004204164
Category : Political Science
Languages : en
Pages : 233
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Book Description
There is no one definition of case law, but rather a plurality of meanings. In this respect, after an analysis of Roman iurisprudentia and Anglo-Saxon case law, this work considers the Spanish legal system, as an example of a Continental jurisdiction.
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: Inter-American Commission on Human Rights
Publisher: BRILL
ISBN: 900453041X
Category : Law
Languages : en
Pages : 897
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Book Description
Author: Inter-American Commission on Human Rights
Publisher: BRILL
ISBN: 9004530207
Category : Law
Languages : en
Pages : 789
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Book Description
Author: Cornelis Hendrik (Remco) van Rhee
Publisher: Springer
ISBN: 3319523449
Category : Law
Languages : en
Pages : 250
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Book Description
This edited volume looks at supreme courts in China and the West. It examines the differences and similarities between the Supreme People’s Court of Mainland China and those that follow Western models. It also offers a comparative study of a selection of supreme courts in Europe and Latin America. The contributors argue that the Supreme Courts should give guidance to the development of the law and provide legal unity. For China, the Chinese author argues, that therefore there should be more emphasis on the procedure for reopening cases. The chapters on Western-style supreme courts argue that there should be adequate access filters; the procedure of reopening cases is considered to be problematic from the perspective of the finality of the administration of justice. In addition, the authors discuss measures that allow supreme courts in both regions to deal with their existing caseload, to reduce this caseload, and to avoid divergences in the case law of the supreme court. This volume offers ideas that will help supreme courts in both the East and the West to remove unmanageable caseloads. As a result, these courts will be better able to assist in the interpretation and clarification of the law, to provide for legal unity, and to give guidance to the development of the law.
Author: Victor Ferreres Comella
Publisher: Bloomsbury Publishing
ISBN: 1782251340
Category : Law
Languages : en
Pages : 166
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Book Description
This book provides a critical introduction to the principles and institutions that make up the Spanish Constitution, which was enacted in 1978. It first explains the process of transition from Franco's dictatorship to democracy, in order to understand the historical circumstances under which the Constitution was framed. After offering a theory to justify the authority of the Constitution over ordinary laws, the book proceeds to explain the basic principles of the Spanish political regime, as well as the structure of its complex legal system. Later chapters focus on various institutions, such as the Crown, Parliament and the Government. A specific chapter is devoted to the territorial distribution of power between the State, the regions and local government. The last two chapters deal with the constitutional role of courts, and the protection of fundamental rights. The book includes some reflections on the challenges that lie ahead and the constitutional reforms that may need to be considered in the future.
Author: Inter-American Commission on Human Rights
Publisher: BRILL
ISBN: 9004530584
Category : Law
Languages : en
Pages : 796
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Book Description
The print edition is available as a set of two volumes (9789004327955).
Author: Alberto López - Basaguren
Publisher: Springer Science & Business Media
ISBN: 3642277179
Category : Law
Languages : en
Pages : 893
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Book Description
Territorial autonomy in Spain has reached a crossroads. After over thirty years of development, the consensus regarding its appropriateness has started to crumble. The transformation project embodied by the reform of Statute of Catalonia (2006) has failed to achieve its most significant demands. Although the concept of Spain as a Federation is disputed -more within the country than beyond-, the evolution of the Spanish system needs to follow a markedly federalist path. In this perspective, reference models assume critical importance. This edition gathers the works of a broad group of European, American and Spanish experts who analyse the present-day challenges of their respective systems. The objective, thus, is to contribute ideas which might help to address the evolution of the Spanish system in the light of the experience of more established Federations. This second volume focuses its attention on the difficulties and challenges faced in two particular fields. On the one hand, the field of intergovernmental relations and, on the other, questions related to the integration and acknowledgement of diversity and of Fundamental Rights, with special reference to the cases of Canada and Spain. Finally, there is analysis of other specific aspects of the system of territorial autonomy in Spain.
Author: Richard Gunther
Publisher: Yale University Press
ISBN: 9780300101522
Category : Political Science
Languages : en
Pages : 502
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Book Description
Based on more than 500 hours of interviews with key political elites (under both the Franco regime and the current democracy), extensive analyses of public opinion and electoral behavior surveys, and other original research, the book sheds important new light on Spain's democractic regime and its key institutions."--BOOK JACKET.
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.
