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Rule of Law and Fundamental Rights

Rule of Law and Fundamental Rights
Author: Alfredo Narváez Medécigo
Publisher: Springer
Total Pages: 275
Release: 2015-11-07
Genre: Law
ISBN: 3319245627

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This book, which originated from the broadly held view that there is a lack of Rule-of-law in Mexico, and from the emphasis of traditional academia on cultural elements as the main explanation, explores the question of whether there is any relationship between the system of constitutional review ― and thus the ‘law’ as such ― and the level of Rule-of-law in a given state. To do so, it elaborates a theoretical model for achieving Rule-of-law and compares it to the constitutional review systems of the United States, the Federal Republic of Germany, and Mexico. The study concludes that the two former states correspond to the model, while the latter does not. This is fundamentally due to the role each legal system assigns to ordinary jurisdiction in carrying out constitutional review. Whereas the US and Germany have fostered the policy that constitutional review regarding the enforcement of basic rights is the responsibility of ordinary courts, Mexico has relied too heavily on the specialized constitutional jurisdiction.


Judicial Politics in Mexico

Judicial Politics in Mexico
Author: Andrea Castagnola
Publisher: Routledge
Total Pages: 190
Release: 2016-11-03
Genre: Political Science
ISBN: 1315520591

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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.


Comparative Judicial Review

Comparative Judicial Review
Author: Erin F. Delaney
Publisher: Edward Elgar Publishing
Total Pages: 463
Release: 2018
Genre: Law
ISBN: 1788110609

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Constitutional courts around the world play an increasingly central role in day-to-day democratic governance. Yet scholars have only recently begun to develop the interdisciplinary analysis needed to understand this shift in the relationship of constitutional law to politics. This edited volume brings together the leading scholars of constitutional law and politics to provide a comprehensive overview of judicial review, covering theories of its creation, mechanisms of its constraint, and its comparative applications, including theories of interpretation and doctrinal developments. This book serves as a single point of entry for legal scholars and practitioners interested in understanding the field of comparative judicial review in its broader political and social context.


Judicial Review in Mexico

Judicial Review in Mexico
Author: Richard D. Baker
Publisher:
Total Pages: 0
Release: 1971
Genre:
ISBN:

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The U.S. Supreme Court and Racial Minorities

The U.S. Supreme Court and Racial Minorities
Author: Leslie F. Goldstein
Publisher: Edward Elgar Publishing
Total Pages: 409
Release: 2017-07-28
Genre: Law
ISBN: 1786438836

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The U.S. Supreme Court and Racial Minorities offers an in-depth, chronologically arranged look at the record of the U.S. Supreme Court on racial minorities over the course of its first two centuries. It does not pose the anachronistic standard, “Did the Supreme Court get it right?” but rather, “How did the Supreme Court compare to other branches of the federal government at the time?” Have these Justices, prevented against removal from office by discontented voters (in contrast to the President and the members of Congress), done any better than the elected branches of government at protecting racial minorities in America?


Marbury in Mexico

Marbury in Mexico
Author: M. C. Mirow
Publisher:
Total Pages: 0
Release: 2017
Genre:
ISBN:

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Scholars agree that the United States Supreme Court did not discover the general judicial review aspects of Marbury v. Madison (1803) until nearly a century later in 1895. This article reveals that the Mexican Supreme Court, relying heavily on U.S. constitutional sources and quoting Marbury, discovered this aspect of the case more than a dozen years earlier than the United States Supreme Court. In attempting to construct United States-style judicial review for the Mexican Supreme Court in the 1880s, Ignacio Vallarta, president of the court, read Marbury in a way that preceded this use of the case in the United States. Using this surprising fact as a central example, this article makes several important contributions to the field of comparative constitutional law. The work demonstrates that through constitutional migration, novel readings of constitutional sources can arise in foreign fora. In an era when the United States Supreme Court may be accused of parochialism in its constitutional analysis, the article addresses the current controversy surrounding the Court's recent use of foreign sources. In discussing Vallarta's constitutional thought, the work makes contributions to the terminology of constitutional migration, to the historiography of Mexican constitutionalism, and to questions of common law and civil law approaches to constitutional decision making. It concludes that Mexico's precocious use of Marbury profoundly affected Mexican legal development and may serve as an example of the usefulness of comparative constitutionalism.