Jurisdicci N Interpretaci N Y Sistema Jur Dico

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A Theory Of Constitutional Rights

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Author : Robert Alexy
language : en
Publisher:
Release Date : 2010

A Theory Of Constitutional Rights written by Robert Alexy and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.

In any country where there is a Bill of Rights, constitutional rights reasoning is an important part of the legal process. As more and more countries adopt Human Rights legislation and accede to international human rights agreements, and as the European Union introduces its own Bill of Rights, judges struggle to implement these rights consistently and sometimes the reasoning behind them is lost. Examining the practice in other jurisdictions can be a valuable guide. Robert Alexy's classic work reconstructs the reasoning behind the jurisprudence of the German Basic Law and in doing so provides a theory of general application to all jurisdictions where judges wrestle with rights adjudication. In considering the features of constitutional rights reasoning, the author moves from the doctrine of proportionality, procedural rights and the structure and scope of constitutional rights, to general rights of liberty and equality and the problem of horizontal effect. A postscript written for the English edition considers critiques of the Theory since it first appeared in 1985, focusing in particular on the discretion left to legislatures and in an extended introduction the translator argues that the theory may be used to clarify the nature of legal reasoning in the context of rights under the British Constitution.

On Law And Justice

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Author : Alf Ross
language : en
Publisher: The Lawbook Exchange, Ltd.
Release Date : 2004

On Law And Justice written by Alf Ross and has been published by The Lawbook Exchange, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Jurisprudence categories.

Ross, Alf. On Law and Justice. Berkeley: University of California Press, 1959. xi, 383 pp. Reprint available December 2004 by the Lawbook Exchange, Ltd. ISBN 1-58477-488-6. Cloth. $90. * In this influential and oft-cited study Ross discounted the theories of natural law, positivism and legal realism. In their stead, he proposed the abandonment of "ought-propositions" for the "is-propositions" employed by other empirical sciences, thereby envisioning lawyers that serve merely as "rational technologists." Less bound by tradition, and traditional notions of justice, jurisprudence then becomes "not only a beautiful mental activity per se, but also an instrument which may benefit any lawyer who wants to understand what he is doing and why" (Preface).

The Global Expansion Of Judicial Power

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Author : C Neal Tate
language : en
Publisher: NYU Press
Release Date : 1997-06-01

The Global Expansion Of Judicial Power written by C Neal Tate and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-06-01 with Political Science categories.

In Russia, as the confrontation over the constitutional distribution of authority raged, Boris Yeltsin's economic program regularly wended its way in and out of the Constitutional Court until Yeltsin finally suspended that court in the aftermath of his clash with the hard-line parliament. In Europe, French and German legislators and executives now routinely alter desired policies in response to or in anticipation of the pronouncements of constitutional courts. In Latin America and Africa, courts are--or will be-- important participants in ongoing efforts to establish constitutional rules and policies protect new or fragile democracies from the threats of military intervention, ethnic conflict, and revolution. This global expansion of judicial power, or judicialization of politics is accompanied by an increasing domination of negotiating or decision making arenas by quasi- judicial procedures. For better or for worse, the judicialization of politics has become one of the most significant trends of the end of the millenium. In this book, political scientists, legal scholars, and judges around the world trace the intellectual origins of this trend, describe its occurence--or lack of occurence--in specific nations, analyze the circumstances and conditions that promote or retard judicialization, and evaluate the phenomenon from a variety of intellectual and ideological perspectives.

The Invisible Constitution

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Author : Laurence H. Tribe
language : en
Publisher: Oxford University Press
Release Date : 2008-09-17

The Invisible Constitution written by Laurence H. Tribe 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 2008-09-17 with Law categories.

As everyone knows, the United States Constitution is a tangible, visible document. Many see it in fact as a sacred text, holding no meaning other than that which is clearly visible on the page. Yet as renowned legal scholar Laurence Tribe shows, what is not written in the Constitution plays a key role in its interpretation. Indeed some of the most contentious Constitutional debates of our time hinge on the extent to which it can admit of divergent readings. In The Invisible Constitution, Tribe argues that there is an unseen constitution--impalpable but powerful--that accompanies the parchment version. It is the visible document's shadow, its dark matter: always there and possessing some of its key meanings and values despite its absence on the page. As Tribe illustrates, some of our most cherished and widely held beliefs about constitutional rights are not part of the written document, but can only be deduced by piecing together hints and clues from it. Moreover, some passages of the Constitution do not even hold today despite their continuing existence. Amendments may have fundamentally altered what the Constitution originally said about slavery and voting rights, yet the old provisos about each are still in the text, unrevised. Through a variety of historical episodes and key constitutional cases, Tribe brings to life this invisible constitution, showing how it has evolved and how it works. Detailing its invisible structures and principles, Tribe compellingly demonstrates the invisible constitution's existence and operative power. Remarkably original, keenly perceptive, and written with Tribe's trademark analytical flair, this latest volume in Oxford's Inalienable Rights series offers a new way of understanding many of the central constitutional debates of our time. About the Series: Combining authority with wit, accessibility, and style, Very Short Introductions offer an introduction to some of life's most interesting topics. Written by experts for the newcomer, they demonstrate the finest contemporary thinking about the central problems and issues in hundreds of key topics, from philosophy to Freud, quantum theory to Islam.

United Nations Today 1982

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Author : United Nations
language : en
Publisher:
Release Date : 1982

United Nations Today 1982 written by United Nations and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1982 with categories.

A Matter Of Interpretation

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Author : Antonin Scalia
language : en
Publisher: Princeton University Press
Release Date : 2018-01-30

A Matter Of Interpretation written by Antonin Scalia and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-01-30 with Law categories.

We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim—"distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal—good law." But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative. In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the “strict constructionism” that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly “smuggle” in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals. This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia’s ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics. Featuring a new foreword that discusses Scalia’s impact, jurisprudence, and legacy, this witty and trenchant exchange illuminates the brilliance of one of the most influential legal minds of our time.

Cross National Studies Of The Quality Of Education

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Author : Kenneth Norman Ross
language : en
Publisher: UNESCO
Release Date : 2006

Cross National Studies Of The Quality Of Education written by Kenneth Norman Ross and has been published by UNESCO this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Education categories.

This book is based on papers presented and discussions held during the Policy Forum on 'Cross-national Studies of the Quality of Education: Planning their Design and Managing their Impact' held in Paris in 2004. It contains an overview of terminology, concepts and definitions related to cross-national studies on the quality of education. It also examines three key educational policy research design questions: what will be measured, who will be measured, and what are the financial and logistical costs? Rounding off the volume are case studies that illustrate how ministries of education and international organisations disseminate the results of cross-national studies of the quality of education.

Deviant Logic Fuzzy Logic

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Author : Susan Haack
language : en
Publisher: University of Chicago Press
Release Date : 1996-12-15

Deviant Logic Fuzzy Logic written by Susan Haack and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996-12-15 with Philosophy categories.

Initially proposed as rivals of classical logic, alternative logics have become increasingly important in areas such as computer science and artificial intelligence. Fuzzy logic, in particular, has motivated major technological developments in recent years. Susan Haack's Deviant Logic provided the first extended examination of the philosophical consequences of alternative logics. In this new volume, Haack includes the complete text of Deviant Logic, as well as five additional papers that expand and update it. Two of these essays critique fuzzy logic, while three augment Deviant Logic's treatment of deduction and logical truth. Haack also provides an extensive new foreword, brief introductions to the new essays, and an updated bibliography of recent work in these areas. Deviant Logic, Fuzzy Logic will be indispensable to students of philosophy, philosophy of science, linguistics, mathematics, and computer science, and will also prove invaluable to experienced scholars working in these fields.

Age Of Discrepancies

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Author : Olivier Debroise
language : ru
Publisher: UNAM
Release Date : 2006

Age Of Discrepancies written by Olivier Debroise and has been published by UNAM this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Art categories.

"The first exhibition to offer a critical assessment of the artistic experimentation that took place in Mexico during the last three decades of the twentieth century. The exhibition carefully analyzes the origins and emergence of techniques, strategies, andmodes of operation at a particularly significant moment of Mexican history, beginning with the 1968 Student Movement, until the Zapatista upraising in the State of Chiapas. Theshow includes work by a wide range of artists, including Francis Alys, Vicente Rojo, Jimmie Durham, Helen Escobedo, Julio Galán, Felipe Ehrenberg, José Bedia,Guillermo Gómez-Peña, Francisco Toledo, Carlos Amorales, Melanie Smith, and Alejandro Jodorowsky, among many others. The edition is illustrated with 612 full-colorplates of the art produced during these last three decades of the twentieth century reflect the social, political and technical developments in Mexico and ranged from painting andphotography to poster design, installation, performance, experimental theatre, super-8 cinema, video, music, poetry and popular culture like the films and ephemeral actionsof 'Panic' by Alejandro Jodorowsky, Pedro Friedeberg's pop art, the conceptual art, infrarrealists and urban independent photography, artists books, the development ofcontemporary political photography, the participation of Mexican artists in Fluxus in the seventies and the contribution of Ulises Carrión to the international artist book movement and popular rock music, the pictorial battles of the eighties and the emergence of a variant of neo-conceptual art in 1990. The exhibition is curated by Olivier Debroise, Pilar García de Germenos, Cuauhtémoc Medina, Álvaro Vázquez Mantecón"--Provided by vendor.

The New Oxford Guide To Writing

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Author : Thomas S. Kane
language : en
Publisher:
Release Date : 1988

The New Oxford Guide To Writing written by Thomas S. Kane and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988 with Language Arts & Disciplines categories.

Many books on writing tell you how to think more creatively, how to conjure up an idea from scratch. Many, once you have an idea, show you how to express it clearly and elegantly. And many handbooks offer reliable advice on the use of commas, semicolons, and so forth. But The New Oxford Guide to Writing does all three, so that no matter where you find yourself in the writing process--from the daunting look of a blank page, to the rough draft that needs shaping, to the small but important questions of punctuation--you will find what you need in one handy, all-inclusive volume. Highlighted by numerous examples of successful prose--including marvelous, brief excerpts from Mark Twain, Joan Didion, H.L. Mencken, E.B. White, and Annie Dillard--this stimulating volume covers the entire subject step-by-step, clearly and authoritatively. It shows: ___*How to use commonplace books and journals to store ____ideas, how to brainstorm, how to explore a potential ____topic systematically ___*How to use a statement of purpose or an outline to ____give preliminary shape to your material, how to use ____drafts and revisions (and more revisions) to refine ____your ideas ___*How to open an essay clearly and interestingly, how to ____lead the reader subtly, how to use qualifications to ____express complexity without sacrificing impact ___*How to organize ideas into a coherent paragraph, how ____to vary sentence structure and length for variety and ____emphasis ___*How to select words that convey both information and ____point of view ___*And much, much more In addition, it contains a useful appendix on punctuation, ranging from commas and periods to underlining and capitalization. Whether you write for business or for pleasure, whether you are a beginner or an experienced pro, The New Oxford Guide to Writing is an essential addition to your reference library, providing abundant assistance and encouragement to write with more clarity, more color, and more force.