Conventionality Control Of Domestic Law
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Conventionality Control Of Domestic Law
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Author : Yota Negishi
language : en
Publisher:
Release Date : 2022
Conventionality Control Of Domestic Law written by Yota Negishi and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with categories.
The Doctrine Of Conventionality Control
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Author : Pablo González-Domínguez
language : en
Publisher:
Release Date : 2018
The Doctrine Of Conventionality Control written by Pablo González-Domínguez and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with American Convention on Human Rights categories.
This book studies the doctrine of conventionality control in the Inter-American Human Rights System. It appeals to the principle of subsidiarity as a theoretical key to solve some of the inherent tensions of a doctrine that aims to increase the effectiveness of the American Convention on Human Rights and the decisions of the Inter-American Court of Human Rights in a plurality of constitutional systems and traditions in the region.
The Doctrine Of Conventionality Control
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Author : Pablo González-Domínguez
language : en
Publisher:
Release Date : 2018
The Doctrine Of Conventionality Control written by Pablo González-Domínguez and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with American Convention on Human Rights categories.
"The creation of the doctrine of conventionality control is one of the most recent and ambitious efforts undertaken by the Inter-American Court of Human Rights to increase the effectiveness of and compliance with the American Convention on Human Rights (ACHR) at the State level. It is an international obligation of all State parties to interpret domestic law in accordance with the ACHR and with the Inter-American Corpus Juris more generally, and to avoid the enforcement of that law in the case that no consistent interpretation is legally possible. This book is the first that approaches conventionality control from an analytical, critical and normative perspective. The author applies the principle of subsidiarity as a theoretical framework to argue the legality of and clarify the content of conventionality control as an international legal obligation. This innovative approach explains the normative foundations and effects of the doctrine in a manner that increases the effectiveness of the ACHR and the decisions of the Inter-American Court, whilst also respecting the legitimate freedom of States in the way they implement international human rights law at a domestic level"--Back cover.
Conventionality Control Of Domestic Law
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Author : Yota Negishi
language : en
Publisher:
Release Date : 2022
Conventionality Control Of Domestic Law written by Yota Negishi and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with categories.
Through gaining lessons from the doctrine of constitutionality control, the book deals principally with conventionality control achieved by judicial adjudicators. This monograph fills the gap in comparative international human rights law by analysing the practice of conventionality control in Europe and Latin America. Based on the empirical data, the author normatively envisions a 'trapezium' model of conventionality control with the features of openness, substantivism and human-centrism, which overcomes the limits of the closed, formalist, and State-centric 'pyramid' model.
Transformative Constitutionalism In Latin America
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Author : Armin von Bogdandy
language : en
Publisher: Oxford University Press
Release Date : 2017-06-16
Transformative Constitutionalism In Latin America written by Armin von Bogdandy and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-06-16 with Law categories.
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.
The Oxford Handbook Of Comparative Foreign Relations Law
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Author : Curtis A. Bradley
language : en
Publisher: Oxford University Press
Release Date : 2019-06-07
The Oxford Handbook Of Comparative Foreign Relations Law written by Curtis A. Bradley and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-07 with Law categories.
This Oxford Handbook ambitiously seeks to lay the groundwork for the relatively new field of comparative foreign relations law. Comparative foreign relations law compares and contrasts how nations, and also supranational entities (for example, the European Union), structure their decisions about matters such as entering into and exiting from international agreements, engaging with international institutions, and using military force, as well as how they incorporate treaties and customary international law into their domestic legal systems. The legal materials that make up a nation's foreign relations law can include constitutional law, statutory law, administrative law, and judicial precedent, among other areas. This book consists of 46 chapters, written by leading authors from around the world. Some of the chapters are empirically focused, others are theoretical, and still others contain in-depth case studies. In addition to being an invaluable resource for scholars working in this area, the book should be of interest to a wide range of lawyers, judges, and law students. Foreign relations law issues are addressed regularly by lawyers working in foreign ministries, and globalization has meant that domestic judges, too, are increasingly confronted by them. In addition, private lawyers who work on matters that extend beyond their home countries often are required to navigate issues of foreign relations law. An increasing number of law school courses in comparative foreign relations law are also now being developed, making this volume an important resource for students as well. Comparative foreign relations law is a newly emerging field of study and teaching, and this volume is likely to become a key reference work as the field continues to develop.
Comparative Constitutional Law In Latin America
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Author : Rosalind Dixon
language : en
Publisher: Edward Elgar Publishing
Release Date : 2017-06-30
Comparative Constitutional Law In Latin America written by Rosalind Dixon and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-06-30 with categories.
This book provides unique insights into the practice of democratic constitutionalism in one of the world’s most legally and politically significant regions. It combines contributions from leading Latin American and global scholars to provide ‘bottom up’ and ‘top down’ insights about the lessons to be drawn from the distinctive constitutional experiences of countries in Latin America. In doing so, it also draws on a rich array of legal and interdisciplinary perspectives. Ultimately, it shows both the promise of democratic constitutions as a vehicle for social, economic and political change, and the variation in the actual constitutional experiences of different countries on the ground – or the limits to constitutions as a locus for broader social change.
The Practice And Procedure Of The Inter American Court Of Human Rights
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Author : Jo M. Pasqualucci
language : en
Publisher: Cambridge University Press
Release Date : 2013
The Practice And Procedure Of The Inter American Court Of Human Rights written by Jo M. Pasqualucci 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 2013 with Law categories.
A thoroughly revised second edition that incorporates the major changes made in the procedures and practice of the Inter-American Court. Jo M. Pasqualucci analyzes all aspects of the Court's advisory jurisdiction, contentious jurisdiction and provisional measures orders through 2011. She also compares the practice and procedure of the Inter-American Court with that of the European Court of Human Rights, the Permanent Court of Justice and the United Nations Human Rights Committee. She evaluates changes in the Rules of Procedure of the Inter-American Court that entered into force on January 1, 2010, and which substantially change the role of the Inter-American Commission in contentious cases before the Court. She also evaluates the challenges and means of State compliance with the Court's innovative reparations orders. Featuring revisions to every chapter to address the major changes, this book will provide an important and updated resource for scholars, practitioners and students of international human rights law.
The Inter American Court Of Human Rights
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Author : Yves Haeck
language : en
Publisher:
Release Date : 2015
The Inter American Court Of Human Rights written by Yves Haeck and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Human rights categories.
Drawing on the case law of the Court, this volume analyses crucial developments over the years on both procedural and substantive issues before the Inter-American Court.
Courts Politics And Constitutional Law
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Author : Martin Belov
language : en
Publisher: Routledge
Release Date : 2019-10-16
Courts Politics And Constitutional Law written by Martin Belov and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10-16 with Law categories.
This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.