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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: 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:
Publisher: UNAM
ISBN: 9789683661715
Category : Law
Languages : es
Pages : 458
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Book Description
Author: Luis I Gordillo
Publisher: Bloomsbury Publishing
ISBN: 1847319343
Category : Law
Languages : en
Pages : 263
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Book Description
The existence of interactions between different but overlapping legal systems has always presented challenges to black letter law. This is particularly true of the relationship between international law and domestic law and the relationship between federal law and the laws of individual federation members. Moreover some organisations have created their own supranational constitutional systems: the United Nations Charter is the best known, and is often referred to as the 'World Constitution', but the European Court of Justice in Luxembourg views the European Treaties as a 'Constitutional Charter' for Europe, while the European Court of Human Rights has defined the European Convention on Human Rights as a constitutional instrument of 'European public order'. It is in the dynamic relationship between domestic constitutional laws, EU law, the ECHR and the UN Charter that the most persistent difficulties arise. In this context 'interordinal instability' not only provokes strong academic interest, but also affects what has been called 'governance' or 'global government' and undermines both legal certainty and individual fundamental rights. Different solutions - constitutionalist and pluralist - have been explored, but none of them has received global acceptance. In this book Luis Gordillo analyses the interordinal instabilities which arise at the European level, focusing on three main strands of case law and their implications: Solange, Bosphorus and Kadi. To solve the difficulties caused by this instability Gordillo proposes a form of soft constitutionalism, which he calls 'interordinal constitutionalism', as a means to bring order and stability to global legal governance. The original Spanish thesis on which this book is based was awarded the Nicolás Pérez Serrano Prize by the Centro de Estudios Políticos y Constitucionales, for the best dissertation in constitutional law 2009-2010.
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: Koen Lenaerts
Publisher: OUP Oxford
ISBN: 0191023140
Category : Law
Languages : en
Pages : 1051
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Book Description
The European Union is unique amongst international organisations in that it has a highly developed and coherent system of judicial protection. The rights derived from Union law can be enforced in court, as opposed to other international organisations whereby enforceability is often far less certain. At the heart of the system of judicial protection in the European Union is the core principle of upholding the rule of law. As such, the stakes are high in the sense that the system of the judicial protection in the European Union must live up to its promise in which individuals, Member States and Union institutions are all guaranteed a route by which to enforce Union law rights. This book provides a rigorously structured analysis of the EU system of judicial protection and procedure before the Union courts. It examines the role and the competences of the Union courts and the types of actions that may be brought before them, such as the actions for infringement, annulment, and failure to act, as well as special forms of procedure, for example interim relief, appeals, and staff cases. In doing so, special attention is given to the fields of EU competition law and State aid. In addition it evaluates the relationship between the Court of Justice and the national courts through the preliminary ruling procedure and the interplay between EU law and the national procedural frameworks generally. Throughout, it takes account of significant institutional developments, including the relevant changes brought by the entry into force of the Lisbon Treaty and the amendments to the Statute of the Court of Justice of the European Union and the Rules of Procedure of the Court of Justice and the General Court.
Author: Roelof Haveman
Publisher: Intersentia nv
ISBN: 905095314X
Category : Criminal law
Languages : en
Pages : 384
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Book Description
What exactly is the context in which all aspects of this new field of criminal law have to be interpreted? What does the principle of legality mean in the context of supranational criminal law? Which tradition lies at the basis of this new law system? Is supranational criminal law as it grows the result of a deliberate policy, tending towards a coherent system? Or is it merely the result of crisis management?
Author: International Society for Labour Law and Social Security. World Congress
Publisher:
ISBN:
Category : Human rights
Languages : en
Pages : 462
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Book Description
Author: Calixto A. Armas Barea
Publisher: BRILL
ISBN: 9004482512
Category : Law
Languages : en
Pages : 668
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Book Description
This Liber Amicorum has been written by prominent colleagues and friends of Professor of Public International Law and former President of the International Court of Justice, José María Ruda (1924-1994). The collection celebrates a lifelong career devoted to the promotion of public international law and dedicated to the furtherance of international organisations including the United Nations General Assembly, the Security Council, the International Law Commission, and the International Labour Organization. In addition Professor Ruda has played a prominent role in a number of international tribunals while also occupying important government and public positions, particularly in South America. The content of the collection reflects these broad activities of Professor Ruda, both in his academic and practical achievements. Contributions in English, Spanish and French cover the fields of international law, humanitarian law and human rights; international disputes, territorial sovereignty and maritime law; and the law of economic integration.
Author: Paola Bilancia
Publisher: Giuffrè Editore
ISBN: 881413376X
Category : Law
Languages : it
Pages : 402
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Book Description
Author:
Publisher:
ISBN:
Category : Conflict of laws
Languages : es
Pages : 264
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Book Description
