Pr Ctica Y Distorsi N De La Justicia Constitucional Tomo Xiii Colecci N Tratado De Derecho Constitucional
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Judicial Review In Comparative Law
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Author : Allan R. Brewer Carias
language : en
Publisher: Ediciones Olejnik
Release Date : 2023-11-24
Judicial Review In Comparative Law written by Allan R. Brewer Carias and has been published by Ediciones Olejnik this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-11-24 with Law categories.
"All over the world, in all democratic States, independently of having a legal system based on the common law or on the civil law principles, the courts – special constitutional courts, supreme courts or ordinary courts – have the power to decide and declare the unconstitutionality of legislation or of other State acts when a particular statute violates the text of the Constitution or of its constitutional principles. This power of the courts is the consequence of the consolidation in contem-porary constitutionalism of three fundamental principles of law: first, the existence of a written or unwritten constitution or of a fundamental law, conceived as a superior law with clear supremacy over all other statutes; second, the “rigid” character of such constitution or fundamental law, which implies that the amendments or reforms that may be introduced can only be put into practice by means of a particular and special constituent or legislative process, preventing the ordinary legislator from doing so; and third, the establishment in that same written or unwritten and rigid constitution or fundamental law, of the judicial means for guaranteeing its supremacy, over all other state acts, including legislative acts. Accordingly, in democratic systems subjected to such principles, the courts have the power to refuse to enforce a statute when deemed to be contrary to the Constitu-tion, considering it null or void, through what is known as the diffuse system of judicial review; and in many cases, they even have the power to annul the said unconstitutional law, through what is known as the concentrated system of judicial review. The former, is the system created more than two hundred years ago by the Supreme Court of the United States, and that so deeply characterizes the North American Constitutional system. The latter system, has been adopted in consti-tutional systems in which the judicial power of judicial review has been generally assigned to the Supreme Court or to one special Constitutional Court, as is the case, for example, of many countries in Europe and in Latin America. This concentrated system of judicial review, although established in many Latin American countries since the 19th century, was only effectively developed particularly in the world after World War II following the studies of Hans Kelsen. Of course, during the past thirty years many changes have occurred in the world on these matters of Judicial Review, in particularly in Europe and specifically in the United Kingdom, where these Lectures were delivered. Nonetheless, I have decided to publish them hereto in its integrality, as they were: the written work of a law professor made as a consequence of his research for the preparation of his lectures, not pretending to be anything else, but the academic testimony of the state of the subject of judicial review in the world in 1985-1986". Allan R. Brewer–Carías.
Fair Reflection Of Society In Judicial Systems A Comparative Study
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Author : Sophie Turenne
language : en
Publisher: Springer
Release Date : 2015-07-20
Fair Reflection Of Society In Judicial Systems A Comparative Study written by Sophie Turenne and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-07-20 with Law categories.
This book addresses one central question: if justice is to be done in the name of the community, how far do the decision-makers need to reflect the community, either in their profile or in the opinions they espouse? Each contributor provides an answer on the basis of a careful analysis of the rules, assumptions and practices relating to their own national judicial system and legal culture. Written by national experts, the essays illustrate a variety of institutional designs towards a better reflection of the community. The involvement of lay people is often most visible in judicial appointments at senior court level, with political representatives sometimes appointing judges. They consider the lay involvement in the judicial system more widely, from the role of juries to the role of specialist lay judges and lay assessors in lower courts and tribunals. This lay input into judicial appointments is explored in light of the principle of judicial independence. The contributors also critically discuss the extent to which judicial action is legitimised by any ‘democratic pedigree’ of the judges or their decisions. The book thus offers a range of perspectives, all shaped by distinctive constitutional and legal cultures, on the thorny relationship between the principle of judicial independence and the idea of democratic accountability of the judiciary.
Introduction To Comparative Law
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Author : Konrad Zweigert
language : en
Publisher:
Release Date : 1992
Introduction To Comparative Law written by Konrad Zweigert and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with categories.
Dismantling Democracy In Venezuela
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Author : Allan R. Brewer-Carías
language : en
Publisher: Cambridge University Press
Release Date : 2010-09-20
Dismantling Democracy In Venezuela written by Allan R. Brewer-Carías 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 2010-09-20 with Political Science categories.
This book examines the process of dismantling the democratic institutions and protections in Venezuela under the Hugo Chávez regime. The actions of the Chávez government have influenced similar processes and undemocratic manoeuvrings in Ecuador, Bolivia, and Honduras. Since the election of Hugo Chávez as president of Venezuela in 1998, a sinister form of nationalistic authoritarianism has arisen at the expense of long-established democratic standards. During the past decade, the 1999 Venezuelan Constitution has been systematically attacked by all branches of the Chávez government, particularly by the Supreme Tribunal of Justice, which has legitimized the Chávez-ordered constitutional violations. The Chávez regime has purposely defrauded the Constitution and severely restricted representative government, all in the name of a supposedly participatory democracy controlled by a popularly supported central government. This volume illustrates how an authoritarian, nondemocratic government has been established in Venezuela.
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.
Common European Legal Thinking
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Author : Hermann-Josef Blanke
language : en
Publisher: Springer
Release Date : 2015-09-24
Common European Legal Thinking written by Hermann-Josef Blanke and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-09-24 with Law categories.
Common European Legal Thinking emanates from the existence of a shared European legal culture as especially reflected in the existence of a common European constitutional law. It denotes a body of individual constitutional principles – written and unwritten – that represent the common heritage of the constitutions of the Member States. Taking into account the two major European organisations, the Council of Europe and especially the European Union, the essays of this Festschrift discuss a range of constitutional principles, including the rule of law, democracy, and the exercise of political power in a multilevel system which recognises fundamental rights as directly applicable and supreme law. Other essays examine the value of pluralism, the commitment of private organisations to uphold public values, principles or rules, and the objectives and methods of a transnational science of administrative law. These articles highlight the fact that the Ius Publicum Europaeum Commune is “politically” in the making, which can often be seen in the shape of general legal principles. The publication recognises the role of Albrecht Weber as a forerunner of Common European Legal Thinking.
Recursos Naturales Medio Ambiente Y Sostenibilidad
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Author : Rafael Domínguez
language : es
Publisher:
Release Date : 2019
Recursos Naturales Medio Ambiente Y Sostenibilidad written by Rafael Domínguez and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with categories.
The Flight From Reality In The Human Sciences
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Author : Ian Shapiro
language : en
Publisher: Princeton University Press
Release Date : 2009-02-09
The Flight From Reality In The Human Sciences written by Ian Shapiro 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 2009-02-09 with Social Science categories.
In this captivating yet troubling book, Ian Shapiro offers a searing indictment of many influential practices in the social sciences and humanities today. Perhaps best known for his critique of rational choice theory, Shapiro expands his purview here. In discipline after discipline, he argues, scholars have fallen prey to inward-looking myopia that results from--and perpetuates--a flight from reality. In the method-driven academic culture we inhabit, argues Shapiro, researchers too often make display and refinement of their techniques the principal scholarly activity. The result is that they lose sight of the objects of their study. Pet theories and methodological blinders lead unwelcome facts to be ignored, sometimes not even perceived. The targets of Shapiro's critique include the law and economics movement, overzealous formal and statistical modeling, various reductive theories of human behavior, misguided conceptual analysis in political theory, and the Cambridge school of intellectual history. As an alternative to all of these, Shapiro makes a compelling case for problem-driven social research, rooted in a realist philosophy of science and an antireductionist view of social explanation. In the lucid--if biting--prose for which Shapiro is renowned, he explains why this requires greater critical attention to how problems are specified than is usually undertaken. He illustrates what is at stake for the study of power, democracy, law, and ideology, as well as in normative debates over rights, justice, freedom, virtue, and community. Shapiro answers many critics of his views along the way, securing his position as one of the distinctive social and political theorists of our time.
Constitutional Courts As Positive Legislators
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Author : Allan R. Brewer-Carías
language : en
Publisher: Cambridge University Press
Release Date : 2013-07-11
Constitutional Courts As Positive Legislators written by Allan R. Brewer-Carías 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 2013-07-11 with Law categories.
In all democratic states, constitutional courts, which are traditionally empowered to invalidate or to annul unconstitutional statutes, have the role of interpreting and applying the Constitution in order to preserve its supremacy and to ensure the prevalence of fundamental rights. In this sense they were traditionally considered "negative legislators," unable to substitute the legislators or to enact legislative provisions that could not be deducted from the Constitution. During the past decade the role of constitutional courts has dramatically changed as their role is no longer limited to declaring the unconstitutionality of statutes or annulling them. Today, constitutional courts condition their decisions with the presumption of constitutionality of statutes, opting to interpret them according to or in harmony with the Constitution in order to preserve them, instead of deciding their annulment or declaring them unconstitutional. More frequently, Constitutional Courts, instead of dealing with existing legislation, assume the role of assistants or auxiliaries to the legislator, creating provisions they deduct from the Constitution when controlling the absence of legislation or legislative omissions. In some cases they act as "positive legislators," issuing temporary or provisional rules to be applied pending the enactment of legislation. This book analyzes this new role of the constitutional courts, conditioned by the principles of progressiveness and of prevalence of human rights, particularly regarding the important rediscovery of the right to equality and non-discrimination.
Representative Democracy
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Author : Nadia Urbinati
language : en
Publisher: University of Chicago Press
Release Date : 2008-09-15
Representative Democracy written by Nadia Urbinati 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 2008-09-15 with Political Science categories.
It is usually held that representative government is not strictly democratic, since it does not allow the people themselves to directly make decisions. But here, taking as her guide Thomas Paine’s subversive view that “Athens, by representation, would have surpassed her own democracy,” Nadia Urbinati challenges this accepted wisdom, arguing that political representation deserves to be regarded as a fully legitimate mode of democratic decision making—and not just a pragmatic second choice when direct democracy is not possible. As Urbinati shows, the idea that representation is incompatible with democracy stems from our modern concept of sovereignty, which identifies politics with a decision maker’s direct physical presence and the immediate act of the will. She goes on to contend that a democratic theory of representation can and should go beyond these identifications. Political representation, she demonstrates, is ultimately grounded in a continuum of influence and power created by political judgment, as well as the way presence through ideas and speech links society with representative institutions. Deftly integrating the ideas of such thinkers as Rousseau, Kant, Emmanuel Joseph Sieyès, Paine, and the Marquis de Condorcet with her own, Urbinati constructs a thought-provoking alternative vision of democracy.