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Author: Diana Rocío Espino Tapia
Publisher:
ISBN: 9788413365428
Category :
Languages : es
Pages : 324
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Author: Diana Rocío Espino Tapia
Publisher:
ISBN: 9788413365428
Category :
Languages : es
Pages : 324
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Book Description
Author: Colin Crawford
Publisher: Edward Elgar Publishing
ISBN: 1788113330
Category : Law
Languages : en
Pages : 303
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Book Description
Constitutionalism in the Americas unites the work of leading scholars of constitutional law, comparative law and Latin American and U.S. constitutional law to provide a critical and provocative look at the state of constitutional law across the Americas today. The diverse chapters employ a variety of methodologies – empirical, historical, philosophical and textual analysis – in the effort to provide a comprehensive look at a generation of constitutional change across two continents.
Author: Boaventura de Sousa Santos
Publisher: Taylor & Francis
ISBN: 1000914135
Category : Political Science
Languages : en
Pages : 287
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Book Description
The modern state, law, and constitution result from a legal canon that (re)produces the abyssal lines dividing the world that is validated from the world whose humanity and epistemological validity are denied. This book aims to contribute to a post-abyssal reflection on law and constitutionalism by considering the structural axes of power that are constitutive of modern law “capitalism, colonialism, and heteropatriarchy” alongside the legal plurality of the world. Is it possible to decolonize, decommodify, and depatriarchalize the constitution? The authors speak from multiple geographies, raise different questions, resort to differentiated theoretical approaches, and reveal varying levels of optimism about the possibilities of transforming constitutions. The readers are confronted with critical perspectives on the Eurocentric legal canon, as well as with the recognition of anti-capitalist, anti-colonial, and anti-patriarchal legal experiences. The horizon of this publication is the expansion of the possibilities of legal and political imagination.
Author:
Publisher:
ISBN:
Category : Constitutional law
Languages : es
Pages : 244
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Author: Gonzalo Delamaza
Publisher: Berghahn Books
ISBN: 1782385479
Category : Political Science
Languages : en
Pages : 308
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Book Description
Since the end of the Pinochet regime, Chilean public policy has sought to rebuild democratic governance in the country. This book examines the links between the state and civil society in Chile and the ways social policies have sought to ensure the inclusion of the poor in society and democracy. Although Chile has gained political stability and grown economically, the ability of social policies to expand democratic governance and participation has proved limited, and in fact such policies have become subordinate to an elitist model of democracy and resulted in a restrictive form of citizen participation.
Author: Mark Tushnet
Publisher: Princeton University Press
ISBN: 1400828155
Category : Political Science
Languages : en
Pages : 288
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Book Description
Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights, Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. Under "strong-form" judicial review, as in the United States, judicial interpretations of the constitution are binding on other branches of government. In contrast, "weak-form" review allows the legislature and executive to reject constitutional rulings by the judiciary--as long as they do so publicly. Tushnet describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own. With that background, he turns to social welfare rights, explaining the connection between the "state action" or "horizontal effect" doctrine and the enforcement of social welfare rights. Tushnet then draws together the analysis of weak-form review and that of social welfare rights, explaining how weak-form review could be used to enforce those rights. He demonstrates that there is a clear judicial path--not an insurmountable judicial hurdle--to better enforcement of constitutional social welfare rights.
Author: Allyson Hobbs
Publisher: Harvard University Press
ISBN: 067436810X
Category : Biography & Autobiography
Languages : en
Pages : 395
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Book Description
Between the eighteenth and mid-twentieth centuries, countless African Americans passed as white, leaving behind families and friends, roots and community. It was, as Allyson Hobbs writes, a chosen exile, a separation from one racial identity and the leap into another. This revelatory history of passing explores the possibilities and challenges that racial indeterminacy presented to men and women living in a country obsessed with racial distinctions. It also tells a tale of loss. As racial relations in America have evolved so has the significance of passing. To pass as white in the antebellum South was to escape the shackles of slavery. After emancipation, many African Americans came to regard passing as a form of betrayal, a selling of one’s birthright. When the initially hopeful period of Reconstruction proved short-lived, passing became an opportunity to defy Jim Crow and strike out on one’s own. Although black Americans who adopted white identities reaped benefits of expanded opportunity and mobility, Hobbs helps us to recognize and understand the grief, loneliness, and isolation that accompanied—and often outweighed—these rewards. By the dawning of the civil rights era, more and more racially mixed Americans felt the loss of kin and community was too much to bear, that it was time to “pass out” and embrace a black identity. Although recent decades have witnessed an increasingly multiracial society and a growing acceptance of hybridity, the problem of race and identity remains at the center of public debate and emotionally fraught personal decisions.
Author: Mark Tushnet
Publisher: Princeton University Press
ISBN: 1400825555
Category : Law
Languages : en
Pages : 277
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Book Description
In his 1996 State of the Union Address, President Bill Clinton announced that the "age of big government is over." Some Republicans accused him of cynically appropriating their themes, while many Democrats thought he was betraying the principles of the New Deal and the Great Society. Mark Tushnet argues that Clinton was stating an observed fact: the emergence of a new constitutional order in which the aspiration to achieve justice directly through law has been substantially chastened. Tushnet argues that the constitutional arrangements that prevailed in the United States from the 1930s to the 1990s have ended. We are now in a new constitutional order--one characterized by divided government, ideologically organized parties, and subdued constitutional ambition. Contrary to arguments that describe a threatened return to a pre-New Deal constitutional order, however, this book presents evidence that our current regime's animating principle is not the old belief that government cannot solve any problems but rather that government cannot solve any more problems. Tushnet examines the institutional arrangements that support the new constitutional order as well as Supreme Court decisions that reflect it. He also considers recent developments in constitutional scholarship, focusing on the idea of minimalism as appropriate to a regime with chastened ambitions. Tushnet discusses what we know so far about the impact of globalization on domestic constitutional law, particularly in the areas of international human rights and federalism. He concludes with predictions about the type of regulation we can expect from the new order. This is a major new analysis of the constitutional arrangements in the United States. Though it will not be received without controversy, it offers real explanatory and predictive power and provides important insights to both legal theorists and political scientists.
Author: András Jakab
Publisher: Cambridge University Press
ISBN: 1108138616
Category : Law
Languages : en
Pages : 867
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Book Description
To what extent is the language of judicial opinions responsive to the political and social context in which constitutional courts operate? Courts are reason-giving institutions, with argumentation playing a central role in constitutional adjudication. However, a cursory look at just a handful of constitutional systems suggests important differences in the practices of constitutional judges, whether in matters of form, style, or language. Focusing on independently-verified leading cases globally, a combination of qualitative and quantitative analysis offers the most comprehensive and systematic account of constitutional reasoning to date. This analysis is supported by the examination of eighteen legal systems around the world including the European Court of Human Rights and the European Court of Justice. Universally common aspects of constitutional reasoning are identified in this book, and contributors also examine whether common law countries differ to civil law countries in this respect.
Author:
Publisher:
ISBN:
Category : Constitutional law
Languages : es
Pages : 300
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Book Description
