La Argumentaci N Constitucional De La Suprema Corte A Diez A Os De La Reforma De Derechos Humanos
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La Argumentaci N Constitucional De La Suprema Corte A Diez A Os De La Reforma De Derechos Humanos
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Author : Roberto Niembro Ortega
language : es
Publisher: Instituto de Estudios Constitucionales del Estado de Querétaro
Release Date : 2021-02-01
La Argumentaci N Constitucional De La Suprema Corte A Diez A Os De La Reforma De Derechos Humanos written by Roberto Niembro Ortega and has been published by Instituto de Estudios Constitucionales del Estado de Querétaro this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-01 with Law categories.
En los últimos 25 años, la Suprema Corte se ha convertido en un actor jurídico y político fundamental para el sistema institucional mexicano. En este libro encontrarán cinco textos que explican y debaten sobre conceptos, derechos y metodologías que la Suprema Corte de la Décima Época utiliza en su argumentación constitucional y se comentan algunos de sus casos emblemáticos. Aunado a ello, la lectora podrá evaluar las razones de la Corte y proponer comprensiones distintas de los derechos, de las metodologías empleadas o idear reformas institucionales. El objetivo es ofrecer elementos que permitan a cualquier persona presentar argumentos ante nuestras juezas y jueces supremos, en los que se utilice el lenguaje y las herramientas que ellos aplican. De esta manera, se pretende facilitar el acceso a la justicia constitucional y contribuir, con base en una teoría constitucional sólida y la experiencia jurisdiccional del autor, a la reflexión sobre la argumentación de nuestro máximo Tribunal.
Los Derechos Humanos A 10 A Os De La Reforma Constitucional Sentencias De La Suprema Corte De La Justicia De La Naci N
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Author : María del Carmen Galván Tello
language : es
Publisher:
Release Date : 2023
Los Derechos Humanos A 10 A Os De La Reforma Constitucional Sentencias De La Suprema Corte De La Justicia De La Naci N written by María del Carmen Galván Tello and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with Amparo (Writ) categories.
Courts In Latin America
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Author : Gretchen Helmke
language : en
Publisher: Cambridge University Press
Release Date : 2011-01-17
Courts In Latin America written by Gretchen Helmke 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 2011-01-17 with Political Science categories.
To what extent do courts in Latin America protect individual rights and limit governments? This volume answers these fundamental questions by bringing together today's leading scholars of judicial politics. Drawing on examples from Argentina, Brazil, Chile, Mexico, Colombia, Costa Rica and Bolivia, the authors demonstrate that there is widespread variation in the performance of Latin America's constitutional courts. In accounting for this variation, the contributors push forward ongoing debates about what motivates judges; whether institutions, partisan politics and public support shape inter-branch relations; and the importance of judicial attitudes and legal culture. The authors deploy a range of methods, including qualitative case studies, paired country comparisons, statistical analysis and game theory.
Judicial Politics In Mexico
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Author : Andrea Castagnola
language : en
Publisher: Routledge
Release Date : 2016-11-03
Judicial Politics In Mexico written by Andrea Castagnola and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-03 with Political Science categories.
After more than seventy years of uninterrupted authoritarian government headed by the Partido Revolucionario Institucional (PRI), Mexico formally began the transition to democracy in 2000. Unlike most other new democracies in Latin America, no special Constitutional Court was set up, nor was there any designated bench of the Supreme Court for constitutional adjudication. Instead, the judiciary saw its powers expand incrementally. Under this new context inevitable questions emerged: How have the justices interpreted the constitution? What is the relation of the court with the other political institutions? How much autonomy do justices display in their decisions? Has the court considered the necessary adjustments to face the challenges of democracy? It has become essential in studying the new role of the Supreme Court to obtain a more accurate and detailed diagnosis of the performances of its justices in this new political environment. Through critical review of relevant debates and using original data sets to empirically analyze the way justices voted on the three main means of constitutional control from 2000 through 2011, leading legal scholars provide a thoughtful and much needed new interpretation of the role the judiciary plays in a country’s transition to democracy This book is designed for graduate courses in law and courts, judicial politics, comparative judicial politics, Latin American institutions, and transitions to democracy. This book will equip scholars and students with the knowledge required to understand the importance of the independence of the judiciary in the transition to democracy.
Constitutional Courts As Mediators
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Author : Julio Ríos-Figueroa
language : en
Publisher: Cambridge University Press
Release Date : 2016-04-15
Constitutional Courts As Mediators written by Julio Ríos-Figueroa 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 2016-04-15 with History categories.
The book proposes an informational theory of constitutional review highlighting the mediator role of constitutional courts in democratic conflict solving.
Cultures Of Legality
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Author : Javier Couso
language : en
Publisher: Cambridge University Press
Release Date : 2010-04-30
Cultures Of Legality written by Javier Couso 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 2010-04-30 with Law categories.
Ideas about law are undergoing dramatic change in Latin America. The consolidation of democracy as the predominant form of government and the proliferation of transnational legal instruments have ushered in an era of new legal conceptions and practices. Law has become a core focus of political movements and policy-making. This volume explores the changing legal ideas and practices that accompany, cause, and are a consequence of the judicialization of politics in Latin America. It is the product of a three-year international research effort, sponsored by the Law and Society Association, the Latin American Studies Association, and the Ford Foundation, that gathered leading and emerging scholars of Latin American courts from across disciplines and across continents.
The Living Constitution
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Author : David A. Strauss
language : en
Publisher: Oxford University Press
Release Date : 2010-05-19
The Living Constitution written by David A. Strauss 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 2010-05-19 with Law categories.
Supreme Court Justice Antonin Scalia once remarked that the theory of an evolving, "living" Constitution effectively "rendered the Constitution useless." He wanted a "dead Constitution," he joked, arguing it must be interpreted as the framers originally understood it. In The Living Constitution, leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other "originalists," explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anything-goes flexibility caricatured by opponents. The living Constitution is not an out-of-touch liberal theory, Strauss further shows, but a mainstream tradition of American jurisprudence--a common-law approach to the Constitution, rooted in the written document but also based on precedent. Each generation has contributed precedents that guide and confine judicial rulings, yet allow us to meet the demands of today, not force us to follow the commands of the long-dead Founders. Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom of speech. By contrast, originalism suffers from fatal flaws: the impossibility of truly divining original intent, the difficulty of adapting eighteenth-century understandings to the modern world, and the pointlessness of chaining ourselves to decisions made centuries ago. David Strauss is one of our leading authorities on Constitutional law--one with practical knowledge as well, having served as Assistant Solicitor General of the United States and argued eighteen cases before the United States Supreme Court. Now he offers a profound new understanding of how the Constitution can remain vital to life in the twenty-first century.
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.
Militant Democracy
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Author : András Sajó
language : en
Publisher: Eleven International Publishing
Release Date : 2004
Militant Democracy written by András Sajó and has been published by Eleven International Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Civil rights categories.
This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.
Social Rights Jurisprudence
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Author : Malcolm Langford
language : en
Publisher: Cambridge University Press
Release Date : 2009-01-19
Social Rights Jurisprudence written by Malcolm Langford 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 2009-01-19 with Political Science categories.
In the space of two decades, social rights have emerged from the shadows and margins of human rights jurisprudence. The authors in this book provide a critical analysis of almost two thousand judgments and decisions from twenty-nine national and international jurisdictions. The breadth of the decisions is vast, from the resettlement of evictees to the regulation of private medical plans to the development of state programs to address poverty and illiteracy. The jurisprudence not only implicates our understanding of economic, social, and cultural rights, but also challenges the philosophical debates that question whether these rights can and should be justiciable.