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Author : Roberto Gargarella
Publisher : Oxford University Press
Page : 298 pages
File Size : 48,5 Mb
Release : 2013-08-29
Category : History
ISBN : 9780199937967
This study of 200 years of Latin American constitutionalism (1810-2010) both presents a description and a critical analysis of what Latin Americans did with their Constitutions during those years.
Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 53,9 Mb
Release : 2013
Category : Constitutional history
ISBN : 0199345872
This study of 200 years of Latin American constitutionalism (1810-2010) both presents a description and a critical analysis of what Latin Americans did with their Constitutions during those years
Author : Almut Schilling-Vacaflor
Publisher : Routledge
Page : 447 pages
File Size : 54,6 Mb
Release : 2016-04-29
Category : Political Science
ISBN : 9781317088622
Latin America has a long tradition of constitutional reform. Since the democratic transitions of the 1980s, most countries have amended their constitutions at least once, and some have even undergone constitutional reform several times. The global phenomenon of a new constitutionalism, with enhanced rights provisions, finds expression in the region, but the new constitutions, such as those of Bolivia, Colombia, Ecuador and Venezuela, also have some peculiar characteristics which are discussed in this important book. Authors from a number of different disciplines offer a general overview of constitutional reforms in Latin America since 1990. They explore the historical, philosophical and doctrinal differences between traditional and new constitutionalism in Latin America and examine sources of inspiration. The book also covers sociopolitical settings, which factors and actors are relevant for the reform process, and analyzes the constitutional practices after reform, including the question of whether the recent constitutional reforms created new post-liberal democracies with an enhanced human and social rights record, or whether they primarily serve the ambitions of new political leaders.
Author : Colin Crawford,Daniel Bonilla Maldonado
Publisher : Edward Elgar Publishing
Page : 304 pages
File Size : 54,9 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 : Kenneth W. Thompson
Publisher : Unknown
Page : 208 pages
File Size : 51,8 Mb
Release : 1991
Category : Law
ISBN : UOM:39015028489550
This volume addresses a long-neglected area in constitutional and international studies, Latin America. The book contains penetrating appraisals of the Spanish heritage as it influences Latin American constitutionalism and more recently American democracy. A distinguished historian, a Peruvian political scientist, three former U.S. ambassadors, a legal scholar, and a respected political theorist provide a thorough examination of the U.S. Constitution and the constitutions of Latin America in this well-written treatise. This book is the seventh volume in the Miller Center series on constitutionalism. Co-published with the Miller Center of Public Affairs.
Author : M. C. Mirow
Publisher : Cambridge University Press
Page : 337 pages
File Size : 46,5 Mb
Release : 2015-09-15
Category : History
ISBN : 9781107025592
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.
Author : Armin von Bogdandy,Eduardo Ferrer Mac-Gregor,Mariela Morales Antoniazzi,Flávia Piovesan,Ximena Soley
Publisher : Oxford University Press
Page : 448 pages
File Size : 51,9 Mb
Release : 2017-07-21
Category : Law
ISBN : 9780192515476
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 América 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 : Pedro Fortes,Larissa Boratti,Andrés Palacios Lleras,Tom Gerald Daly
Publisher : Springer
Page : 354 pages
File Size : 47,7 Mb
Release : 2016-12-21
Category : Political Science
ISBN : 9781137566942
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 : Daniel M. Brinks,Abby Blass
Publisher : Cambridge University Press
Page : 281 pages
File Size : 54,9 Mb
Release : 2018-04-19
Category : Law
ISBN : 9781107178366
Analyzes the political roots of the systems of constitutional justice in Latin America, tracing their development over the last 40 years.
Author : Conrado Hübner Mendes,Roberto Gargarella,Sebastián Guidi
Publisher : Oxford University Press
Page : 970 pages
File Size : 43,6 Mb
Release : 2022
Category : Law
ISBN : 9780198786900
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 : Philipp Dann,Michael Riegner,Maxim Bönnemann
Publisher : Oxford University Press, USA
Page : 321 pages
File Size : 54,5 Mb
Release : 2020-10-29
Category : Law
ISBN : 9780198850403
Although the Global South represents 'most of the world' in terms of constitutions and population, it is underrepresented in comparative constitutional discourse. This book fills the gap in this scholarship by tackling the most important aspects of comparative law from the Southern perspective.
Author : Cesar Rodriguez Garavito
Publisher : Routledge
Page : 324 pages
File Size : 42,8 Mb
Release : 2014-09-04
Category : Law
ISBN : 9781136002489
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 : Anonim
Publisher : BRILL
Page : 627 pages
File Size : 46,6 Mb
Release : 2023-12-04
Category : Law
ISBN : 9789004436091
This comprehensive volume offers fresh insights on Latin American and Caribbean law before European contact, during the colonial and early republican eras and up to the present. It considers the history of legal education, the legal profession, Indigenous legal history, and the legal history concerning Africans and African Americans, other enslaved peoples, women, immigrants, peasants, and workers. This book also examines the various legal frameworks concerning land and other property, commerce and business, labor, crime, marriage, family and domestic conflicts, the church, the welfare state, constitutional law and rights, and legal pluralism. It serves as a current introduction for those new to the field and provides in-depth interpretations, discussions, and bibliographies for those already familiar with the region’s legal history. Contributors are: Diego Acosta, Alejandro Agüero, Sarah C. Chambers, Robert J. Cottrol, Oscar Cruz Barney, Mariana Dias Paes, Tamar Herzog, Marta Lorente Sariñena, M.C. Mirow, Jerome G. Offner, Brian Owensby, Juan Manuel Palacio, Agustín Parise, Rogelio Pérez-Perdomo, Heikki Pihlajamäki, Susan Elizabeth Ramírez, Timo H. Schaefer, William Suárez-Potts, Victor M. Uribe-Uran, Cristián Villalonga, Alex Wisnoski, and Eduardo Zimmermann.
Author : Richard Albert,Carlos Bernal,Juliano Zaiden Benvindo
Publisher : Bloomsbury Publishing
Page : 304 pages
File Size : 52,9 Mb
Release : 2019-07-25
Category : Law
ISBN : 9781509923526
Over the past 30 years, Latin America has lived through an intense period of constitutional change. Some reforms have been limited in their design and impact, while others have been far-reaching transformations to basic structural features and fundamental rights. Scholars interested in the law and politics of constitutional change in Latin America are turning increasingly to comparative methodologies to expose the nature and scope of these changes, to uncover the motivations of political actors, to theorise how better to execute the procedures of constitutional reform, and to assess whether there should be any limitations on the power of constitutional amendment. In this collection, leading and emerging voices in Latin American constitutionalism explore the complexity of the vast topography of constitutional developments, experiments and perspectives in the region. This volume offers a deep understanding of modern constitutional change in Latin America and evaluates its implications for constitutionalism, democracy, human rights and the rule of law.
Author : Richard L. Millett,Jennifer S. Holmes,Orlando J. Pérez
Publisher : Routledge
Page : 296 pages
File Size : 42,6 Mb
Release : 2015-03-02
Category : Political Science
ISBN : 9781317908425
More than thirty years have passed since Latin America began the arduous task of transitioning from military-led rule to democracy. In this time, more countries have moved toward the institutional bases of democracy than at any time in the region’s history. Nearly all countries have held free, competitive elections and most have had peaceful alternations in power between opposing political forces. Despite these advances, however, Latin American countries continue to face serious domestic and international challenges to the consolidation of stable democratic governance. The challenges range from weak political institutions, corruption, legacies of militarism, transnational crime, and globalization among others. In the second edition of Latin American Democracy contributors – both academics and practitioners, North Americans, Latin Americans, and Spaniards—explore and assess the state of democratic consolidation in Latin America by focusing on the specific issues and challenges confronting democratic governance in the region. This thoroughly updated revision provides new chapters on: the environment, decentralization, the economy, indigenous groups, and the role of China in the region.