Inter-American Judicial Constitutionalism

Inter-American Judicial Constitutionalism
Title Inter-American Judicial Constitutionalism PDF eBook
Author Manuel Eduardo Góngora Mera
Publisher Manuel Eduardo Gongora-Mera
Pages 323
Release 2011
Genre Law
ISBN 9968611670

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The Inter-American Court of Human Rights

The Inter-American Court of Human Rights
Title The Inter-American Court of Human Rights PDF eBook
Author Yves Haeck
Publisher
Pages 0
Release 2015
Genre Human rights
ISBN 9781780683089

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Drawing on the case law of the Court, this volume analyses crucial developments over the years on both procedural and substantive issues before the Inter-American Court.

Courts, Politics and Constitutional Law

Courts, Politics and Constitutional Law
Title Courts, Politics and Constitutional Law PDF eBook
Author Martin Belov
Publisher Routledge
Pages 189
Release 2019-10-16
Genre Law
ISBN 1000707970

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This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.

Transformative Constitutionalism in Latin America

Transformative Constitutionalism in Latin America
Title Transformative Constitutionalism in Latin America PDF eBook
Author Armin von Bogdandy
Publisher Oxford University Press
Pages 465
Release 2017-06-16
Genre Law
ISBN 0192515462

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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.

Judges as Guardians of Constitutionalism and Human Rights

Judges as Guardians of Constitutionalism and Human Rights
Title Judges as Guardians of Constitutionalism and Human Rights PDF eBook
Author Martin Scheinin
Publisher Edward Elgar Publishing
Pages 397
Release 2016-04-29
Genre Law
ISBN 178536586X

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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.

Judicial Dialogue and Human Rights

Judicial Dialogue and Human Rights
Title Judicial Dialogue and Human Rights PDF eBook
Author Amrei Müller
Publisher Cambridge University Press
Pages 641
Release 2017-05-25
Genre Law
ISBN 1107173582

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A comprehensive analysis of the extent, method, purpose and effects of domestic and international courts' judicial dialogue on human rights.

The DNA of Constitutional Justice in Latin America

The DNA of Constitutional Justice in Latin America
Title The DNA of Constitutional Justice in Latin America PDF eBook
Author Daniel M. Brinks
Publisher Cambridge University Press
Pages 281
Release 2018-04-19
Genre Law
ISBN 1107178363

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Analyzes the political roots of the systems of constitutional justice in Latin America, tracing their development over the last 40 years.