Procedimiento civil e historia de la jurisprudencia PDF Download
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Author: Bolivia
Publisher:
ISBN:
Category : Civil procedure
Languages : es
Pages : 508
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Book Description
Author: Bolivia
Publisher:
ISBN:
Category : Civil procedure
Languages : es
Pages : 508
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Book Description
Author: Ruth E. Ortega Vélez
Publisher:
ISBN: 9781641317245
Category : Civil procedure
Languages : es
Pages : 0
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Book Description
Author: Mauro Cappelletti, B. Kaplan
Publisher: BRILL
ISBN:
Category : Comparative law
Languages : en
Pages : 272
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Book Description
Author: Law Society of Upper Canada. Bar Admission Course
Publisher: Brill Archive
ISBN:
Category : Civil procedure
Languages : en
Pages : 274
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Book Description
Author:
Publisher:
ISBN:
Category : Education
Languages : en
Pages : 770
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Book Description
Author: American Foreign Law Association
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 354
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Book Description
Author: Library of Congress
Publisher:
ISBN:
Category : Catalogs, Union
Languages : en
Pages : 722
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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: Edwin Borchard
Publisher:
ISBN:
Category : Government publications
Languages : en
Pages : 524
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Book Description
Author: Richard D. Baker
Publisher: University of Texas Press
ISBN: 147730567X
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.
