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El razonamiento constitucional

El razonamiento constitucional
Author: Alejandro Matta Herrera
Publisher:
Total Pages: 150
Release: 2020
Genre: Constitutional courts
ISBN: 9789587912036

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Federalism and Legal Unification

Federalism and Legal Unification
Author: Daniel Halberstam
Publisher: Springer Science & Business Media
Total Pages: 554
Release: 2013-11-21
Genre: Law
ISBN: 9400773986

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How and to what degree do federations produce uniform law within their system? This comparative empirical study addresses these questions comprehensively for the first time. Originally produced under the auspices of the International Academy of Comparative Law, this volume examines legal unification in twenty federations around the world. Each of the successive chapters presents the forces of unification through the lens of a particular federal system. A comparative overview chapter provides a detailed analysis of the overall results with compelling visual illustrations of legal unification along different dimensions (e.g. by area of law; by federation; by civil vs common law system). The overview chapter summarizes and analyzes the means and methods of legal unification and the degree of legal unification of each system, and explains the driving forces of legal unity and diversity in federations more generally. The volume presents surprising findings that should make scholars rethink their abandonment of the civil law vs. common law distinction in comparative law. ​ This book is a milestone in the study of federalism. It is a rare and welcome melding of comparative law and comparative politics using both original data and qualitative analysis. Wide-ranging, probing, and definitive, this book is an invaluable resource for students of law, politics, and multi-level governance. Gary Marks, Burton Craige Professor, UNC-Chapel Hill, and Chair in Multilevel Governance, Vrije Universiteit Amsterdam


The Future of Liberal Democracy

The Future of Liberal Democracy
Author: Robert Fatton Jr.
Publisher: Springer
Total Pages: 288
Release: 2004-10-28
Genre: Political Science
ISBN: 1403981450

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Top scholars and practitioners from a variety of ideological perspectives consider liberal democracy and the Jeffersonian legacy, both in relation to key issues in the practice and theory of rights (human rights, individual rights) and in relation to key themes in political thought such as citizenship and participation that remain at the forefront of our debates about public life today. The first section of this collection provides historical and theoretical perspectives on Jefferson's ideals and thought. The second section explores the key themes of sovereignty, citizenship, participation, and accountability. A concluding section analyzes the relevance and place of Jefferson's legacy and the fate of liberal democracy in today's world. Contributors offer varying perspectives on questions such as: Is what is good for America good for the rest of the world? What are the constraints that exist on the global spread of democracy, liberal or otherwise?


Reasonableness and interpretation

Reasonableness and interpretation
Author:
Publisher: LIT Verlag Münster
Total Pages: 436
Release: 2003
Genre: Law
ISBN: 9783825866389

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The 2002 issue of the Yearbook concerns the notion of reasonableness in philosohical, legal and economic domains. After going back over the main definition of the concept of reasonable in greek philosophy, the analysis carried out in this volume deals with the role played by the notion of reasonableness in practical philosophy and namely according to hermeneutical view of it. With regard to legal field, the notion of reasonableness is a core notion in constitutional law and it assumes specific meanings in private, criminal, international, and administrative law. Reasonableness turns out to be crucial with regard to many topics, such as interpretation of rights, balancing of fundamental rights, and interpretation of standards.


Legal Implications of Territorial Secession in Spain

Legal Implications of Territorial Secession in Spain
Author: Carlos Fernández de Casadevante Romani
Publisher: Springer Nature
Total Pages: 443
Release: 2022-09-30
Genre: Law
ISBN: 3031046099

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The book deals with the secession/separation of territorial entities and the legal consequences that derive from it both for the parent state and for the seceded/separated entity or the entity that intends to secede/separate. This subject is approached from the triple perspective of international law, comparative law, and Spanish law.International law, because it is this legal system which contains the general legal framework within which this issue must be dealt with. Thus, for example, the legal basis of the right to self-determination, the constituent elements of the state, the recognition of states and governments, succession in the matter of treaties, succession in membership of International Organisations, etc.Moreover, international law is also the reference invoked by secessionist/independentist political projects within states in an attempt to provide a legal basis for the legality of their claim.Comparative law, in order to find out not only how most state constitutions deal with secession or independence of their territories, but also the jurisprudence handed down by national courts on the matter (USA, Canada, Italy, France, Spain, among others).And finally, Spanish Law, because the perspective chosen to address the object of study is from the perspective of Spain.


Challenges to Law at the End of the 20th Century: Rights

Challenges to Law at the End of the 20th Century: Rights
Author: International Association for Philosophy of Law and Social Philosophy. World Congress
Publisher: Franz Steiner Verlag
Total Pages: 252
Release: 1997
Genre: Human rights
ISBN: 9783515070713

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Multilevel Protection of the Principle of Legality in Criminal Law

Multilevel Protection of the Principle of Legality in Criminal Law
Author: Mercedes Pérez Manzano
Publisher: Springer
Total Pages: 237
Release: 2017-10-24
Genre: Law
ISBN: 3319638653

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This book examines the simultaneous protection of fundamental rights by various norms and jurisdictional organs, focussing on the multilevel protection of the principle of legality in Criminal Law.Written by accredited specialists in criminal law, constitutional law, international public law, and the philosophy of law, the majority of them ex-Counsels of the Spanish Constitutional Court, it addresses various manifestations of the principle of legality: the requirement of precision, the judicial subjection to law and the prohibition of bis in idem. It does so not only from a theoretical perspective, but also through a comparative study of the jurisdiction of the European Court of Human Rights, the Inter-American Court of Human Rights, the Court of Justice of the European Union and state constitutional courts. This practical approach characterizes the book, which culminates in a detailed analysis of the relevant ECtHR Judgement Del Río Prada v. Spain on the retroactivity of unfavourable jurisprudence."Multilevel protection of the principle of legality in Criminal Law" is a useful instrument of reflection for scholars of both the principle of criminal legality and the problems that arise from the concurrency of protective jurisdictions of human rights.


Latin American Constitutionalism

Latin American Constitutionalism
Author: M. C. Mirow
Publisher: Cambridge University Press
Total Pages: 337
Release: 2015-09-15
Genre: History
ISBN: 1107025591

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Latin American Constitutions provides a comprehensive historical study of constitutionalism in Latin America from the independence period to the present, focusing on the Constitution of Cádiz, a foundational document in Latin American constitutionalism. Although drafted in Spain, it was applied in many regions of Latin America, and deputies from America formed a significant part of the drafting body. The politicization of constitutionalism reflected in Latin America's first moments proved to be a lasting legacy evident in the legal and constitutional world of the region today: many of Latin America's present challenges to establishing effective constitutionalism can be traced to the debates, ideas, structures, and assumptions of this text. This book explores the region's attempts to create effective constitutional texts and regimes in light of an established practice of linking constitutions to political goals and places important constitutional thinkers and regional constitutions, such as the Mexican Constitution of 1917, into their legal and historical context.