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.

Comparative Constitutional Law in Latin America

Comparative Constitutional Law in Latin America
Title Comparative Constitutional Law in Latin America PDF eBook
Author Rosalind Dixon
Publisher Edward Elgar Publishing
Pages 387
Release 2017-06-30
Genre Law
ISBN 1785369210

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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.

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.

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.

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.

The Practice and Procedure of the Inter-American Court of Human Rights

The Practice and Procedure of the Inter-American Court of Human Rights
Title The Practice and Procedure of the Inter-American Court of Human Rights PDF eBook
Author Jo M. Pasqualucci
Publisher Cambridge University Press
Pages 461
Release 2013
Genre Law
ISBN 1107006589

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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.