Reflexiones Contempor Neas Sobre Derecho Constitucional Comparado


Reflexiones Contempor Neas Sobre Derecho Constitucional Comparado
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Reflexiones Contempor Neas Sobre Derecho Constitucional Comparado


Reflexiones Contempor Neas Sobre Derecho Constitucional Comparado
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Author : Antonio Olguín Torres
language : es
Publisher: Instituto de Estudios Constitucionales del Estado de Querétaro
Release Date : 2023-02-20

Reflexiones Contempor Neas Sobre Derecho Constitucional Comparado written by Antonio Olguín Torres 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 2023-02-20 with Law categories.


La obra que ponemos en sus manos aborda una pluralidad de temas trascendentes para el derecho constitucional de nuestros días, desde distintas latitudes. En el primer capítulo se introduce al lector al tema crucial del derecho a un ambiente sano, poniendo en perspectiva la normativa latinoamericana, mexicana y ecuatoriana. Otro capítulo cuestiona la idoneidad y diferencias entre el test de proporcionalidad efectuado en España y en México. En el plano nacional, se realiza un breviario sobre la evolución y la dinámica de la Constitución Federal, así como las modificaciones a la Constitución local guanajuatense. En el cuarto capítulo se desentrañan los puntos asociativos y disociativos del derecho humano al refugio en los sistemas jurídicos canadiense y mexicano. Posteriormente, se comparan las reformas en materia penal formuladas en los estados de Guanajuato y Nuevo León para responder a situaciones de discriminación vinculadas con el COVID-19. Otro autor examina el impacto de la reforma constitucional de derechos humanos en los estados de Guanajuato y Veracruz. En la esfera internacional, se analizan varios tratados que México ha firmado en materia de justicia restaurativa y su impacto en el sistema jurídico. Otro aporte compara la declaratoria general de inconstitucionalidad en México y la acción pública de inconstitucionalidad en Colombia en materia tributaria. Por último, en el plano de los derechos, se estudia la protección y regulación del derecho de petición, así como el derecho a una vida libre de violencia. En suma, los trabajos que integran la obra constituyen análisis novedosos que aportan al debate contemporáneo constitucional.



Constitutional Theory


Constitutional Theory
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Author : Carl Schmitt
language : en
Publisher: Duke University Press
Release Date : 2008-01-23

Constitutional Theory written by Carl Schmitt and has been published by Duke University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-23 with Law categories.


Carl Schmitt’s magnum opus, Constitutional Theory, was originally published in 1928 and has been in print in German ever since. This volume makes Schmitt’s masterpiece of comparative constitutionalism available to English-language readers for the first time. Schmitt is considered by many to be one of the most original—and, because of his collaboration with the Nazi party, controversial—political thinkers of the twentieth century. In Constitutional Theory, Schmitt provides a highly distinctive and provocative interpretation of the Weimar Constitution. At the center of this interpretation lies his famous argument that the legitimacy of a constitution depends on a sovereign decision of the people. In addition to being subject to long-standing debate among legal and political theorists in Western Europe and the United States, this theory of constitution-making as decision has profoundly influenced constitutional theorists and designers in Asia, Latin America, and Eastern Europe. Constitutional Theory is a significant departure from Schmitt’s more polemical Weimar-era works not just in terms of its moderate tone. Through a comparative history of constitutional government in Europe and the United States, Schmitt develops an understanding of liberal constitutionalism that makes room for a strong, independent state. This edition includes an introduction by Jeffrey Seitzer and Christopher Thornhill outlining the cultural, intellectual, and political contexts in which Schmitt wrote Constitutional Theory; they point out what is distinctive about the work, examine its reception in the postwar era, and consider its larger theoretical ramifications. This volume also contains extensive editorial notes and a translation of the Weimar Constitution.



Abusive Constitutional Borrowing


Abusive Constitutional Borrowing
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Author : Rosalind Dixon
language : en
Publisher: Oxford University Press
Release Date : 2021

Abusive Constitutional Borrowing written by Rosalind Dixon 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 2021 with Authoritarianism categories.


Law is fast globalizing as a field, and many lawyers, judges and political leaders are engaged in a process of comparative borrowing. But this new form of legal globalization has darksides: it is not just a source of inspiration for those seeking to strengthen and improve democratic institutions and policies. It is increasingly an inspiration - and legitimation device - for those seeking to erode democracy by stealth, under the guise of a form of faux liberal democratic cover. Abusive Constitutional Borrowing: Legal globalization and the subversion of liberal democracy outlines this phenomenon, how it succeeds, and what we can do to prevent it. This book address current patterns of democratic retrenchment and explores its multiple variants and technologies, considering the role of legitimating ideologies that help support different modes of abusive constitutionalism. An important contribution to both legal and political scholarship, this book will of interest to all those working in the legal and political disciplines of public law, constitutional theory, political theory, and political science.



The Rule Of Law


The Rule Of Law
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Author : Tom Bingham
language : en
Publisher: Penguin UK
Release Date : 2011-07-07

The Rule Of Law written by Tom Bingham and has been published by Penguin UK this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-07-07 with Law categories.


'A gem of a book ... Inspiring and timely. Everyone should read it' Independent 'The Rule of Law' is a phrase much used but little examined. The idea of the rule of law as the foundation of modern states and civilisations has recently become even more talismanic than that of democracy, but what does it actually consist of? In this brilliant short book, Britain's former senior law lord, and one of the world's most acute legal minds, examines what the idea actually means. He makes clear that the rule of law is not an arid legal doctrine but is the foundation of a fair and just society, is a guarantee of responsible government, is an important contribution to economic growth and offers the best means yet devised for securing peace and co-operation. He briefly examines the historical origins of the rule, and then advances eight conditions which capture its essence as understood in western democracies today. He also discusses the strains imposed on the rule of law by the threat and experience of international terrorism. The book will be influential in many different fields and should become a key text for anyone interested in politics, society and the state of our world.



A Theory Of Constitutional Rights


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.



Making The Case


Making The Case
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Author : Paul W. Kahn
language : en
Publisher: Yale University Press
Release Date : 2016-01-01

Making The Case written by Paul W. Kahn 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 2016-01-01 with Law categories.


Writing in the tradition of Karl Llewellyn's classic The Bramble Bush, Paul Kahn speaks in this book simultaneously to students and scholars. Drawing on thirty years of teaching experience, Kahn introduces students to the deep, narrative structure of the judicial opinion. Learning to read the opinion, the student learns the nature of legal argument. Thus Kahn's exposition of the opinion simultaneously offers a theory of legal meaning that will be of great interest to scholars of law, humanities, and the social sciences. At the center of Kahn's approach are ideas of narrative, persuasion, and self-government. His sweeping account of interpretation in law offers innovative views of the nature of authorship, the development and decline of doctrine, and the construction of facts.



Rendering To God And Caesar


Rendering To God And Caesar
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Author : Mark Caleb Smith
language : en
Publisher: Sheffield Publishing
Release Date : 2017-12-20

Rendering To God And Caesar written by Mark Caleb Smith and has been published by Sheffield Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-12-20 with categories.


You are holding in your hands a piece of the counterculture. The recent tendency in the academic world has been away from primary sources and toward textbooks. Being a fairly traditional lot, we find that unacceptable. We focus on the “big ideas” that have shaped American government. There are many ways to gain exposure to these ideas, but in our opinion, none are better than actually reading the primary sources that first articulated them. That is why you will see many founding documents, Supreme Court cases, and momentous speeches within these pages. This collection will whet your appetite for exploring our rich American governmental heritage. Our hope is that this may be the beginning of a lifelong interest in the basis of our American government—how we got where we are today, and how we are to proceed from here!



Autonom A


Autonom A
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Author : Enrique Rivera
language : es
Publisher:
Release Date : 2014

Autonom A written by Enrique Rivera and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Bienal de Video y Nuevos Medios categories.




Transconstitutionalism


Transconstitutionalism
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Author : Marcelo Neves
language : en
Publisher: Bloomsbury Publishing
Release Date : 2013-05-01

Transconstitutionalism written by Marcelo Neves and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-05-01 with Law categories.


Transconstitutionalism is a concept used to describe what happens to constitutional law when it is emancipated from the state, in which can be found the origins of constitutional law. Transconstitutionalism does not exist because a multitude of new constitutions have appeared, but because other legal orders are now implicated in resolving basic constitutional problems. A transconstitutional problem entails a constitutional issue whose solution may involve national, international, supranational and transnational courts or arbitral tribunals, as well as native local legal institutions. Transconstitutionalism does not take any single legal order or type of order as a starting-point or ultima ratio. It rejects both nation-statism and internationalism, supranationalism, transnationalism and localism as privileged spaces for solving constitutional problems. The transconstitutional model avoids the dilemma of 'monism versus pluralism'. From the standpoint of transconstitutionalism, a plurality of legal orders entails a complementary and conflicting relationship between identity and alterity: constitutional identity is rearticulated on the basis of alterity. Rather than seeking a 'Herculean Constitution', transconstitutionalism tackles the many-headed Hydra of constitutionalism, always looking for the blind spot in one legal system and reflecting it back against the many others found in the world's legal orders.



Gulag Voices


Gulag Voices
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Author : Anne Applebaum
language : en
Publisher: Yale University Press
Release Date : 2000-01-11

Gulag Voices written by Anne Applebaum 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 2000-01-11 with History categories.


Collects the writings of a diverse group of people who survived imprisonment in the Gulag, recounting their experiences and relationships, and offering insight into the psychological aspects of life in the camps.