Control De Constitucionalidad Deliberativo El Ciudadano Ante La Justicia Constitucional La Acci N P Blica De Inconstitucionalidad Y La Legitimidad Democr Tica Del Control Judicial Al Legislador
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Deliberative Democracy
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Author : Jon Elster
language : en
Publisher: Cambridge University Press
Release Date : 1998-03-28
Deliberative Democracy written by Jon Elster and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998-03-28 with Education categories.
This volume assesses the strengths and weaknesses of deliberative democracy.
Taking Rights Seriously
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Author : Ronald Dworkin
language : en
Publisher: Harvard University Press
Release Date : 2018-06-25
Taking Rights Seriously written by Ronald Dworkin and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-25 with Philosophy categories.
What is law? What is it for? How should judges decide novel cases when the statutes and earlier decisions provide no clear answer? Do judges make up new law in such cases, or is there some higher law in which they discover the correct answer? Must everyone always obey the law? If not, when is a citizen morally free to disobey? A renowned philosopher enters the debate surrounding these questions. Clearly and forcefully, Ronald Dworkin argues against the “ruling” theory in Anglo-American law—legal positivism and economic utilitarianism—and asserts that individuals have legal rights beyond those explicitly laid down and that they have political and moral rights against the state that are prior to the welfare of the majority. Mr. Dworkin criticizes in detail the legal positivists’ theory of legal rights, particularly H. L. A. Hart’s well-known version of it. He then develops a new theory of adjudication, and applies it to the central and politically important issue of cases in which the Supreme Court interprets and applies the Constitution. Through an analysis of John Rawls’s theory of justice, he argues that fundamental among political rights is the right of each individual to the equal respect and concern of those who govern him. He offers a theory of compliance with the law designed not simply to answer theoretical questions about civil disobedience, but to function as a guide for citizens and officials. Finally, Professor Dworkin considers the right to liberty, often thought to rival and even preempt the fundamental right to equality. He argues that distinct individual liberties do exist, but that they derive, not from some abstract right to liberty as such, but from the right to equal concern and respect itself. He thus denies that liberty and equality are conflicting ideals. Ronald Dworkin’s theory of law and the moral conception of individual rights that underlies it have already made him one of the most influential philosophers working in this area. This is the first publication of these ideas in book form.
The People Themselves
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Author : Larry Kramer
language : en
Publisher: Oxford University Press, USA
Release Date : 2004
The People Themselves written by Larry Kramer and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with History categories.
This book makes the radical claim that rather than interpreting the Constitution from on high, the Court should be reflecting popular will--or the wishes of the people themselves.
The Right To Privacy
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Author : Louis Dembitz Brandeis
language : en
Publisher: Good Press
Release Date : 2023-09-17
The Right To Privacy written by Louis Dembitz Brandeis and has been published by Good Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09-17 with Fiction categories.
"The Right to Privacy" by Louis Dembitz Brandeis, Samuel D. Warren. Published by Good Press. Good Press publishes a wide range of titles that encompasses every genre. From well-known classics & literary fiction and non-fiction to forgotten−or yet undiscovered gems−of world literature, we issue the books that need to be read. Each Good Press edition has been meticulously edited and formatted to boost readability for all e-readers and devices. Our goal is to produce eBooks that are user-friendly and accessible to everyone in a high-quality digital format.
The Cambridge Companion To Comparative Law
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Author : Mauro Bussani
language : en
Publisher: Cambridge University Press
Release Date : 2012-08-16
The Cambridge Companion To Comparative Law written by Mauro Bussani and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-08-16 with Business & Economics categories.
The book delves into the 'deeper structures' of the world's legal systems, where law meets culture, politics and socio-economic factors.
Patterns Of Democracy
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Author : Arend Lijphart
language : en
Publisher: Yale University Press
Release Date : 2012-01-01
Patterns Of Democracy written by Arend Lijphart and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-01 with Political Science categories.
Examining 36 democracies from 1945 to 2010, this text arrives at conclusions about what type of democracy works best. It demonstrates that consensual systems stimulate economic growth, control inflation and unemployment, and limit budget deficits.
Precedent In Law
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Author : Laurence Goldstein
language : en
Publisher: Oxford University Press, USA
Release Date : 1987
Precedent In Law written by Laurence Goldstein and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987 with Stare decisis categories.
It has been said that precedent is the life blood of legal systems. Certainly, an understanding of precedent is vital to an understanding of the workings of law. The principle that decisions should follow those of past similar cases seems simple enough, yet it turns out to be beset with difficulties. What is the justification for following precedents? Do we want absolute, unswerving following of past decisions or a weaker implementation that allows for limited departures? What social and theoretical forces wrought changes in the doctrine? Are judicial pronouncements on precedent rules or just conventions? How do we identify the ratio decidendi of a case? What are the means by which a general "projectable" conclusion may be elicited from a particular judgment? These are some of the problems addressed by contributors to this volume.
The Will Of The People
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Author : Barry Friedman
language : en
Publisher: Farrar, Straus and Giroux
Release Date : 2009-09-29
The Will Of The People written by Barry Friedman and has been published by Farrar, Straus and Giroux this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-09-29 with Law categories.
In recent years, the justices of the Supreme Court have ruled definitively on such issues as abortion, school prayer, and military tribunals in the war on terror. They decided one of American history's most contested presidential elections. Yet for all their power, the justices never face election and hold their offices for life. This combination of influence and apparent unaccountability has led many to complain that there is something illegitimate—even undemocratic—about judicial authority. In The Will of the People, Barry Friedman challenges that claim by showing that the Court has always been subject to a higher power: the American public. Judicial positions have been abolished, the justices' jurisdiction has been stripped, the Court has been packed, and unpopular decisions have been defied. For at least the past sixty years, the justices have made sure that their decisions do not stray too far from public opinion. Friedman's pathbreaking account of the relationship between popular opinion and the Supreme Court—from the Declaration of Independence to the end of the Rehnquist court in 2005—details how the American people came to accept their most controversial institution and shaped the meaning of the Constitution.
Chinese Complaint Systems
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Author : Qiang Fang
language : en
Publisher: Routledge
Release Date : 2013
Chinese Complaint Systems written by Qiang Fang and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with History categories.
Despite the rich heritage of numerous complaint systems in Chinese history, most Western as well as Chinese studies of one or more complaint systems in the PRC and earlier periods have paid little systematic attention to the origins, development, practices, impact, and nature of similar institutions in the longue durée of Chinese history. This book fills this gap, providing the reader with a comprehensive study of complaint systems in Chinese history from early times to the present. As such it will be of huge interest to students and scholars of Chinese history, politics and law.
The Judicialization Of Politics In Latin America
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Author : Rachel Sieder
language : en
Publisher: Springer
Release Date : 2016-04-30
The Judicialization Of Politics In Latin America written by Rachel Sieder and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-30 with Social Science categories.
During the last two decades the judiciary has come to play an increasingly important political role in Latin America. Constitutional courts and supreme courts are more active in counterbalancing executive and legislative power than ever before. At the same time, the lack of effective citizenship rights has prompted ordinary people to press their claims and secure their rights through the courts. This collection of essays analyzes the diverse manifestations of the judicialization of politics in contemporary Latin America, assessing their positive and negative consequences for state-society relations, the rule of law, and democratic governance in the region. With individual chapters exploring Argentina, Brazil, Chile, Colombia, Costa Rica, Mexico, Peru and Venezuela, it advances a comparative framework for thinking about the nature of the judicialization of politics within contemporary Latin American democracies.