Constitutional Protection Of Human Rights In Latin America

Author : Allan R. Brewer-Carías
Publisher : Cambridge University Press
Page : 450 pages
File Size : 50,9 Mb
Release : 2009
Category : Law
ISBN : 9780521492027

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Constitutional Protection of Human Rights in Latin America by Allan R. Brewer-Carías Pdf

This book examines the most recent trends in the constitutional and legal regulations in all Latin American countries regarding the amparo proceeding. It analyzes the regulations of the seventeen amparo statutes in force in Latin America, as well as the regulation on the amparo guarantee established in Article 25 of the American Convention of Human Rights.

Author : Allan-Randolph Brewer Carías
Publisher : Unknown
Page : 432 pages
File Size : 50,6 Mb
Release : 2009
Category : Amparo (Writ)
ISBN : 1107189268

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Constitutional Protection of Human Rights in Latin America by Allan-Randolph Brewer Carías Pdf

Author : Casar Landa,César Landa Arroyo
Publisher : Unknown
Page : 304 pages
File Size : 50,7 Mb
Release : 2019
Category : Democracy
ISBN : 1527518000

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Challenges of Human Rights in Latin America by Casar Landa,César Landa Arroyo Pdf

Latin America offers a democratic and constitutional process, with the goals to respect fundamental human rights and control the excess of power. Nevertheless, the weaknesses of the rule of laws institutions does not guarantee for all citizens the protection of old and new rights. In this sense, the Inter-American Fundamental Rights Conference organized by the Inter-American Network on Fundamental Rights and Democracy (REDIDD) is an annual meeting of professors and researchers from the different universities of Latin America, addressing topics of particular importance regarding the possibilities and challenges of the consolidation of the constitutional state in the region. This book presents the minutes of the Fourth Inter-American Fundamental Rights Conference, and explores topics such as political rights and the consolidation of democracy in Latin America; impeachment and judicial guarantees; the challenges of freedom of information: and judicial protection and due process, amongst others.

Author : Juan F. Gonzalez-Bertomeu,Roberto Gargarella
Publisher : Routledge
Page : 412 pages
File Size : 52,9 Mb
Release : 2016-04-20
Category : Law
ISBN : 9781317026198

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The Latin American Casebook by Juan F. Gonzalez-Bertomeu,Roberto Gargarella Pdf

Traditionally relegated because of political pressure and public expectations, courts in Latin America are increasingly asserting a stronger role in public and political discussions. This casebook takes account of this phenomenon, by offering a rigorous and up-to-date discussion of constitutional adjudication in Latin America in recent decades. Bringing to the forefront the development of constitutional law by Latin American courts in various subject matters, the volume aims to highlight a host of creative arguments and solutions that judges in the region have offered. The authors review and discuss innovative case law in light of the countries’ social, political and legal context. Each chapter is devoted to a discussion of a particular area of judicial review, from freedom of expression to social and economic rights, from the internalization of human rights law to judicial checks on the economy, from gender and reproductive rights to transitional justice. The book thus provides a very useful tool to scholars, students and litigants alike.

Author : César Landa
Publisher : Cambridge Scholars Publishing
Page : 314 pages
File Size : 55,8 Mb
Release : 2018-11-07
Category : Law
ISBN : 9781527521032

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Challenges of Human Rights in Latin America by César Landa Pdf

Latin America offers a democratic and constitutional process, with the goals to respect fundamental human rights and control the excess of power. Nevertheless, the weaknesses of the rule of law’s institutions does not guarantee for all citizens the protection of old and new rights. In this sense, the Inter-American Fundamental Rights Conference organized by the Inter-American Network on Fundamental Rights and Democracy (RED–IDD) is an annual meeting of professors and researchers from the different universities of Latin America, addressing topics of particular importance regarding the possibilities and challenges of the consolidation of the constitutional state in the region. This book presents the minutes of the Fourth Inter-American Fundamental Rights Conference, and explores topics such as political rights and the consolidation of democracy in Latin America; impeachment and judicial guarantees; the challenges of freedom of information: and judicial protection and due process, amongst others.

Author : Rosalind Dixon,Tom Ginsburg
Publisher : Edward Elgar Publishing
Page : 384 pages
File Size : 42,5 Mb
Release : 2017-06-30
Category : Electronic
ISBN : 9781785369216

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Comparative Constitutional Law in Latin America by Rosalind Dixon,Tom Ginsburg Pdf

This book provides unique insights into the practice of democratic constitutionalism in one of the world’s most legally and politically significant regions. It combines contributions from leading Latin American and global scholars to provide ‘bottom up’ and ‘top down’ insights about the lessons to be drawn from the distinctive constitutional experiences of countries in Latin America. In doing so, it also draws on a rich array of legal and interdisciplinary perspectives. Ultimately, it shows both the promise of democratic constitutions as a vehicle for social, economic and political change, and the variation in the actual constitutional experiences of different countries on the ground – or the limits to constitutions as a locus for broader social change.

Author : Allan R. Brewer Carias
Publisher : Ediciones Olejnik
Page : 446 pages
File Size : 42,9 Mb
Release : 2023-11-24
Category : Law
ISBN : 9789563929720

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The civil rights injunction for the protection of fundamental rights by Allan R. Brewer Carias Pdf

"This book on The Civil Rights Injunction for the protection of Funda-mental Rights. The Latin American «Amparo» Proceeding, is the original version of the text I wrote for the Couse of Lectures I gave, as Adjunct Professor of Law, on a Seminar on Judicial Protection of Fundamental Rights in Latin America: the Amparo Proceeding, at the Columbia Law School in New York, University of Columbia, during the years 2006-2008. The Seminar was intended to examine the most recent trends in the constitutional and legal regulations in all Latin American countries regarding the “amparo” suit, action or recourse– including the old habeas corpus writ and the new habeas data actions or recourses. By means of a comparative constitutional law approach, also with reference to the United States civil rights injunctions, the Course analyzed this Latin American institution departing from the regulation of the “amparo” guarantee established in Article 25 of the 1969 American Convention of Human Rights which entered into force in 1978 after being ratified by all Latin American States. The amparo suit or proceeding is not only an effective judicial means for the restoration of the injured constitutional rights that has been harmed, similar to the reparative or restorative civil rights injunctions in the United States, but it is also the effective judicial means for the protection of such rights and guaranties when threatened to be violated or harmed. This latter amparo suit is then similar to the preventive civil rights injunctions in the United States; “preventive” in the sense of avoiding harm; which, in this case, “seeks to prohibit some discrete act or series of acts from occurring in the future”, and is designed “to avoid future harm to a party by prohibiting or mandating certain behavior to another party”. From this point of view, thus, in a constitutional comparative law approach, the Latin American amparo action or proceeding, is a judicial remedy similar to the civil rights injunctions (restorative or preventive) in the United States". Allan R. Brewer Carías.

Author : Conrado Hübner Mendes,Roberto Gargarella,Sebastián Guidi
Publisher : Oxford University Press
Page : 960 pages
File Size : 55,8 Mb
Release : 2021-12-25
Category : Law
ISBN : 9780191090585

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The Oxford Handbook of Constitutional Law in Latin America by Conrado Hübner Mendes,Roberto Gargarella,Sebastián Guidi Pdf

Constitutional law in Latin America embodies a mosaic of national histories, political experiments, and institutional transitions. No matter how distinctive these histories and transitions might be, there are still commonalities that transcend the mere geographical contiguity of these countries. This Handbook depicts the constitutional landscape of Latin America by shedding light on its most important differences and affinities, qualities and drawbacks, and by assessing its overall standing in the global enterprise of democratic constitutionalism. It engages with substantive and methodological conundrums of comparative constitutional law in the region, drawing meaningful comparisons between constitutional traditions. The volume is divided into two main parts. Part I focuses on exploring the constitutions for seventeen jurisdictions, offering a comprehensive country-by-country critique of the historical foundations, institutional architecture, and rights-based substantive identity of each constitution. Part II presents comparative analyses on the most controversial constitutional topics of the region, exploring central concepts in institutions and rights. The Oxford Handbook of Constitutional Law in Latin America is an essential resource for scholars and students of comparative constitutional law, and Latin American politics and history Written by leading experts, it comprehensively examines constitutions, controversies, institutions, and constitutional rights in Latin America.

Author : Armin von Bogdandy,Eduardo Ferrer Mac-Gregor,Mariela Morales Antoniazzi,Flávia Piovesan
Publisher : Oxford University Press
Page : 465 pages
File Size : 43,9 Mb
Release : 2017
Category : Law
ISBN : 9780198795919

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Transformative Constitutionalism in Latin America by Armin von Bogdandy,Eduardo Ferrer Mac-Gregor,Mariela Morales Antoniazzi,Flávia Piovesan Pdf

This ground-breaking collection of essays outlines and explains the unique development of Latin American jurisprudence. It introduces the idea of the Ius Constitutionale Commune en America Latina (ICCAL), an original Latin American path of transformative constitutionalism, to an Anglophone audience for the first time. It charts the key developments that have transformed the region and assesses the success of the constitutional projects that followed a period of authoritarian regimes in Latin America. Coined by scholars who have been documenting, conceptualizing, and comparing the development of Latin American public law for more than a decade, the term ICCAL encompasses themes that cross national borders and legal fields, taking in constitutional law, administrative law, general public international law, regional integration law, human rights, and investment law. Not only does this volume map the legal landscape, it also suggests measures to improve society via due legal process and a rights-based, supranational and regionally rooted constitutionalism. The editors contend that with the strengthening of democracy, the rule of law, and human rights, common problems such as the exclusion of wide sectors of the population from having a say in government, as well as corruption, hyper-presidentialism, and the weak normativity of the law can be combatted more effectively in future.

Author : Cesar Rodriguez Garavito
Publisher : Routledge
Page : 324 pages
File Size : 40,6 Mb
Release : 2014-09-04
Category : Law
ISBN : 9781136002489

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Law and Society in Latin America by Cesar Rodriguez Garavito Pdf

Over the past two decades, legal thought and practice in Latin America have changed dramatically: new constitutions or constitutional reforms have consolidated democratic rule, fundamental innovations have been introduced in state institutions, social movements have turned to law to advance their causes, and processes of globalization have had profound effects on legal norms and practices. Law and Society in Latin America: A New Map offers the first systematic assessment by leading Latin American socio-legal scholars of the momentous transformations in the region. Through an interdisciplinary and comparative lens, contributors analyze the central advances and dilemmas of contemporary Latin American law. Among them are pioneering jurisprudence and legal mobilization for the fulfillment of socioeconomic rights in a highly unequal region, the rise of multicultural constitutionalism and legal struggles around identity politics, the globalization of legal education and practice, tensions between developmental policies and environmental justice, and the emergence of a regional human rights system. These and other processes have not only radically altered the institutional landscape of the region, but also produced academic and practical innovations that are of global interest and defy conventional accounts of Latin American law inherited from law-and-development studies. Painting a portrait of the new Latin American legal thought for an international audience, Law and Society in Latin America: A New Map will be of particular interest to students of comparative law, legal mobilization, and Latin American politics.

Author : Manuel Eduardo Góngora Mera
Publisher : Manuel Eduardo Gongora-Mera
Page : 323 pages
File Size : 44,6 Mb
Release : 2011
Category : Law
ISBN : 9789968611671

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Inter-American Judicial Constitutionalism by Manuel Eduardo Góngora Mera Pdf

Author : Pedro Fortes,Larissa Boratti,Andrés Palacios Lleras,Tom Gerald Daly
Publisher : Springer
Page : 354 pages
File Size : 46,7 Mb
Release : 2016-12-21
Category : Political Science
ISBN : 9781137566942

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Law and Policy in Latin America by Pedro Fortes,Larissa Boratti,Andrés Palacios Lleras,Tom Gerald Daly Pdf

This book offers a comprehensive introduction to law and policy responses to contemporary problems in Latin America, such as human rights violations, regulatory dilemmas, economic inequality, and access to knowledge and medicine. It includes 19 chapters written by sociologists, lawyers, and political scientists on the transformations of courts, institutions and rights protection in Latin America, all of which stem from presentations at conferences in Oxford and UCL organised by the editors. The contributors present original analyses based on rigorous research, innovative case-studies, and interdisciplinary perspectives, all written in an accessible style. Topics include the Inter-American Court of Human Rights, institutional design, financial regulation, competition, discrimination, gender quotas, police violence, orphan works, healthcare, and environmental protection, among others. The book will be of interest to students and scholars interested in policymaking, public law, and development.

Author : Edward L. Cleary
Publisher : Kumarian Press
Page : 174 pages
File Size : 46,5 Mb
Release : 2007
Category : History
ISBN : 9781565492417

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Mobilizing for Human Rights in Latin America by Edward L. Cleary Pdf

In the follow-up to his widely read The Struggle for Human Rights in Latin America, author Edward Cleary examines some of the robust human rights movements of the past two decades in Mobilizing for Human Rights in Latin America. Advocates of the rights of women, indigenous groups, the landless, and street children have achieved notable gains, so much so that in 1999 the New York Times claimed that women have achieved more rights in Latin America than in any other region. Cleary establishes a record of why, how, where, and when human rights reached this level. It is often assumed that the concept of human rights is something that must be imported by Western liberal democracies to developing countries. Cleary shows that human rights has a long history in Latin America distinctive from other traditions and that this tradition has expressed itself profoundly since the military period. He argues that the region’s unique history is not only creating solutions to issues such as corruption and minority rights, but also can offer a valuable balance to the larger international discourse on human rights.

Author : Par Engstrom
Publisher : Springer
Page : 356 pages
File Size : 46,5 Mb
Release : 2018-06-26
Category : Political Science
ISBN : 9783319894591

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The Inter-American Human Rights System by Par Engstrom Pdf

This volume brings together innovative work from emerging and leading scholars in international law and political science to critically examine the impact of the Inter-American Human Rights System (IAHRS). By leveraging a variety of theoretical frameworks and methodological approaches, the contributors assess the impact of the IAHRS on domestic human rights change in Latin America. More specifically, the book provides a nuanced analysis of the System’s impact by examining the ways in which the IAHRS influences domestic actors and political institutions advancing the realisation of human rights. This work will be of interest to students and scholars of human rights and Latin American politics, as well as to those engaged with the nexus of international law and domestic politics and the dynamics of international and regional institutions.

Author : Colin Crawford,Daniel Bonilla Maldonado
Publisher : Edward Elgar Publishing
Page : 304 pages
File Size : 42,5 Mb
Release : 2018
Category : Electronic
ISBN : 9781788113335

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Constitutionalism in the Americas by Colin Crawford,Daniel Bonilla Maldonado Pdf

Constitutionalism in the Americas unites the work of leading scholars of constitutional law, comparative law and Latin American and U.S. constitutional law to provide a critical and provocative look at the state of constitutional law across the Americas today. The diverse chapters employ a variety of methodologies – empirical, historical, philosophical and textual analysis – in the effort to provide a comprehensive look at a generation of constitutional change across two continents.