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Author : Manuel Eduardo Góngora Mera
Publisher : Manuel Eduardo Gongora-Mera
Page : 323 pages
File Size : 51,8 Mb
Release : 2011
Category : Law
ISBN : 9789968611671
Author : Laurence Burgorgue-Larsen,Amaya Ubeda de Torres
Publisher : OUP UK
Page : 948 pages
File Size : 55,6 Mb
Release : 2011-04-07
Category : Law
ISBN : 9780199588787
This book provides a reference guide to the case law of the Inter-American Court of Human Rights. Structured in two parts, it covers the case law on jurisdiction and procedure before the Court and the case law on the scope of particular rights, drawing comparisons with the case law of the European Court of Human Rights.
Author : Colin Crawford,Daniel Bonilla Maldonado
Publisher : Edward Elgar Publishing
Page : 304 pages
File Size : 47,5 Mb
Release : 2018
Category : Electronic
ISBN : 9781788113335
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.
Author : Par Engstrom,Courtney Hillebrecht
Publisher : Routledge
Page : 317 pages
File Size : 41,6 Mb
Release : 2020-05-21
Category : Political Science
ISBN : 9781000008432
At the time of the adoption of the American Declaration on the Rights and Duties of Man in 1948, there was little indication that the Declaration would ultimately yield a highly institutionalized system comprised of a quasi-judicial Inter-American Commission and an authoritative Inter-American Court of Human Rights. Today, however, the Inter-American Human Rights System (IAHRS) has emerged as a central actor in the global human rights regime. This comprehensive volume explores the institutional changes and transformations that the IAHRS has undergone since its creation, offering contributions and insights from a variety of disciplines including history, law, and political science. The book shows how institutional change has affected and been affected by the System’s normative leanings, rules of procedure and institutional design, as well as by the position of the IAHRS within the broader landscape of the Americas. The authors examine institutional change from a variety of angles, including the process of change in historical context, normative and legal developments, and the dynamic relationship between the IAHRS and other regional and international human rights institutions. This book was originally published as a special issue of The International Journal of Human Rights.
Author : Natalia Torres Zúñiga
Publisher : Taylor & Francis
Page : 224 pages
File Size : 45,5 Mb
Release : 2022-07-05
Category : Law
ISBN : 9781000597981
This book provides a critical legal perspective on the legitimacy of international courts and tribunals. The volume offers a critique of ideology of two legal approaches to the legitimacy of the Inter-American Court of Human Rights (IACtHR) that portray it as a supranational tribunal whose last say on human rights protection has a transformative effect on the democracies of Latin America. The book shows how the discussion between these Latin American legal strands mirrors global trends in the study of the legitimacy of international courts related to the use of constitutional analogies and concepts such as the notion of judicial dialogue and the idea of democratic transformation. It also provides an in-depth analysis of how, through the use of those categories, legal experts studying the legitimacy of the IACtHR enact self-validation processes by making themselves the principal agents of transformation. These self-validation processes work as ideological apparatuses that reproduce and entrench the mindset that the legal discipline is a driving force of change in itself. Further, the book shows how profiling the Court as an agent of transformation diverts attention from the ways in which it has pursued a particular view of human rights and democracy in the region that creates and reproduces relations of inequality and domination. Rather than discarding the IACtHR, this book aims to de-centre the focus away from formal legal institutions, engaging with the idea that ordinary people can mobilise and define the content of law to transform their lives and territories. The book will be a valuable resource for scholars working in the areas of human rights law, law, public international law, legal theory, constitutional law, political science and legal philosophy.
Author : Thomas Buergenthal,Robert E. Norris
Publisher : Unknown
Page : 1202 pages
File Size : 48,9 Mb
Release : 1993
Category : Civil rights
ISBN : NWU:35556018656926
C. Rules of Procedure
Author : Isaac de Paz González
Publisher : Edward Elgar Publishing
Page : 256 pages
File Size : 47,7 Mb
Release : 2024-06-11
Category : Electronic
ISBN : 9781788113045
Working with progressive conceptual categories relating to indigenous property, cultural identity, the right to an adequate standard of living and healthcare, the Inter-American Court of Human Rights continues to build a justiciability to determine the social rights of marginalised individuals and groups in the Americas. In a context of interpretative tensions of the social rights as political goals and direct effects provisions, Isaac de Paz González unveils the abilities, and the practices of the Inter-American Court’s contribution to the human rights practice in the Global South.
Author : Jo M. Pasqualucci
Publisher : Cambridge University Press
Page : 461 pages
File Size : 45,6 Mb
Release : 2013
Category : Law
ISBN : 9781107006584
A thoroughly revised second edition that incorporates the major changes made in the procedures and practice of the Inter-American Court. Jo M. Pasqualucci analyzes all aspects of the Court's advisory jurisdiction, contentious jurisdiction and provisional measures orders through 2011. She also compares the practice and procedure of the Inter-American Court with that of the European Court of Human Rights, the Permanent Court of Justice and the United Nations Human Rights Committee. She evaluates changes in the Rules of Procedure of the Inter-American Court that entered into force on January 1, 2010, and which substantially change the role of the Inter-American Commission in contentious cases before the Court. She also evaluates the challenges and means of State compliance with the Court's innovative reparations orders. Featuring revisions to every chapter to address the major changes, this book will provide an important and updated resource for scholars, practitioners and students of international human rights law.
Author : Par Engstrom
Publisher : Springer
Page : 356 pages
File Size : 45,9 Mb
Release : 2018-06-26
Category : Political Science
ISBN : 9783319894591
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 : Armin von Bogdandy,Flávia Piovesan,Eduardo Ferrer Mac-Gregor,Mariela Morales Antoniazzi
Publisher : Oxford University Press
Page : 705 pages
File Size : 44,7 Mb
Release : 2024
Category : Education
ISBN : 9780197744161
This interdisciplinary volume brings together leading scholars in international and constitutional law, social sciences, and international relations to present a systematic as well as critical analysis of the impact of the Inter-American System of Human Rights and the legal mechanisms that allow for that impact.
Author : Armin von Bogdandy,Eduardo Ferrer Mac-Gregor,Mariela Morales Antoniazzi,Flávia Piovesan
Publisher : Oxford University Press
Page : 465 pages
File Size : 52,8 Mb
Release : 2017
Category : Law
ISBN : 9780198795919
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 : Martin Scheinin,Helle Krunke,Marina Aksenova
Publisher : Edward Elgar Publishing
Page : 400 pages
File Size : 46,9 Mb
Release : 2016-04-29
Category : LAW
ISBN : 9781785365867
There are many challenges that national and supranational judges have to face when fulfilling their roles as guardians of constitutionalism and human rights. This book brings together academics and judges from different jurisdictions in an endeavour to uncover the intricacies of the judicial function. The contributors discuss several points that each represent contemporary challenges to judging: analysis of judicial balancing of conflicting considerations; the nature of courts’ legitimacy and its alleged dependence on public support; the role of judges in upholding constitutional values in the times of transition to democracy, surveillance and the fight against terrorism; and the role of international judges in guaranteeing globally recognized fundamental rights and freedoms. This book will be of interest to human rights scholars focusing on the issues of judicial oversight, as well as constitutional law scholars interested in comparative perspectives on the role of judges in different contexts. It will also be useful to national constitutional court judges, and law clerks aiming to familiarise themselves with judicial practices within other jurisdictions.
Author : Juan F. Gonzalez-Bertomeu,Roberto Gargarella
Publisher : Routledge
Page : 412 pages
File Size : 50,7 Mb
Release : 2016-04-20
Category : Law
ISBN : 9781317026198
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 : Rosalind Dixon,Tom Ginsburg
Publisher : Edward Elgar Publishing
Page : 384 pages
File Size : 55,7 Mb
Release : 2017-06-30
Category : Electronic
ISBN : 9781785369216
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 : Pablo González-Domínguez
Publisher : Unknown
Page : 271 pages
File Size : 53,5 Mb
Release : 2018
Category : American Convention on Human Rights
ISBN : 1780686668
"The creation of the doctrine of conventionality control is one of the most recent and ambitious efforts undertaken by the Inter-American Court of Human Rights to increase the effectiveness of and compliance with the American Convention on Human Rights (ACHR) at the State level. It is an international obligation of all State parties to interpret domestic law in accordance with the ACHR and with the Inter-American Corpus Juris more generally, and to avoid the enforcement of that law in the case that no consistent interpretation is legally possible. This book is the first that approaches conventionality control from an analytical, critical and normative perspective. The author applies the principle of subsidiarity as a theoretical framework to argue the legality of and clarify the content of conventionality control as an international legal obligation. This innovative approach explains the normative foundations and effects of the doctrine in a manner that increases the effectiveness of the ACHR and the decisions of the Inter-American Court, whilst also respecting the legitimate freedom of States in the way they implement international human rights law at a domestic level"--Back cover.