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The Rights of Minorities: Cultural Groups, Migrants, Displaced Persons and Sexual Identity
This volume focuses on the rights of minorities. Minorities are often subject to discrimination and individuals find themselves being rejected by the majority. In such cases, people belonging to a minority suffer through hostile situations. Minorities discussed in this book are defined in terms of cultural groups, migrants, displaced persons, sexual minorities (sexual identity). As with the previous volume, readers are informed about the concept of human rights, as an instrument through which civil society tries to eliminate the hostility and suffering of minorities and restores a situation of normality. Minorities must also accept that a democratic society is governed by majority rule and t...
Human Rights Issues and Vulnerable Groups
This volume covers topics related to human rights issues and problems of people who are overwhelmed by hostile situations around them and are subsequently rendered vulnerable. The situations of vulnerability discussed in this book are related to suffering caused by the moral, family, social, economic or political conditions in which the people, and the groups they belong to, live. Readers are guided through a discussion about rights, as an instrument through which civil society and the ‘Rule of Law’ try to curb or even eliminate the suffering of these people. The aim of such efforts is to restore the situation of vulnerable people to a level of normality. Human Rights Issues and Vulnerab...
A Three-Dimensional Theory of Law
What this book intends to do is to study three-dimensionalism (the distinction values-norms-facts) not in what could be called its historical dimension, but in its substantive aspect, as a “form” that, when applied to different legal themes, would add a “material content” to the three-dimensional theory. We can point out, as a study plan, the distinction between “three” perspectives: Those of the legal norm, of the legal order, and the legal relationship. Three-dimensionalism also appears in this work when one analyzes the “three” phases of the life of the law: The formation, the interpretation, and the application; and in the distinction between the “three” characteristics of the legal order: Fullness, coherence, and unity—the theory of legal validity, intended as legitimacy, as validity strictly speaking, or as effectiveness.
The Ways of Federalism in Western Countries and the Horizons of Territorial Autonomy in Spain
Territorial autonomy in Spain has reached a crossroads. After over thirty years of development, the consensus regarding its appropriateness has started to crumble. The transformation project embodied by the reform of Statute of Catalonia (2006) has failed to achieve its most significant demands. Although the concept of Spain as a Federation is disputed -more within the country than beyond-, the evolution of the Spanish system needs to follow a markedly federalist path. In this perspective, reference models assume critical importance. This edition gathers the works of a broad group of European, American and Spanish experts who analyse the present-day challenges of their respective systems. Th...
Critical Perspectives on Counter-terrorism
This volume examines the rationale, effectiveness and consequences of counter terrorism practices from a range of perspectives and cases. The book critically interrogates contemporary counter-terrorism powers from military campaigns and repression through to the prosecution of terrorist suspects, counter-terrorism policing, counter-radicalisation programmes, and the proscription of terrorist organisations. Drawing on a range of timely and important case studies from around the world including the UK, Sri Lanka, Spain, Canada, Australia and the USA, its chapters explore the impacts of counter-terrorism on individuals, communities, and political processes. The book focuses on three questions of vital importance to any assessment of counter-terrorism. First, what do counter-terrorism strategies seek to achieve? Second, what are the consequences of different counter-terrorism campaigns, and how are these measured? And, third, how and why do changes to counter-terrorism occur? This volume will be of much interest to students of counter-terrorism, critical terrorism studies, criminology, security studies and IR in general.
Perspectivas del constitucionalismo con un enfoque plural.Teoría jurídica de los derechos fundamentales y modelo de estado plurinacional
El enfoque plural de las instituciones y de los criterios con los que la sociedad civil aborda la gestión de lo colectivo es una de las características que singularizan a las nuevas tendencias del constitucionalismo que ha emergido en América Latina en los inicios de este siglo XXI.…Este libro persigue aproximarnos como juristas al conocimiento de la actual Carta Magna boliviana, al hecho histórico de que ha refundado la Bolivia democrática a partir de la plurinacionalidad (hecho fundante básico de la nueva Constitución y del nuevo Estado de Derecho), sustituyendo la República decimonónica centralista, jacobina y unicultural por un Estado social de Derecho (o “Estado de Derecho del Buen Vivir” como lo denomino, en cierta similitud terminológica con el Estado del Bienestar europeo) de carácter plurinacional. Y que, como tal, abraza la pluriculturalidad social, política, jurídica, territorial y judicial, y se organiza en una economía plural, que es economía social de mercado y economía comunitaria/colaborativa.… Extraído de la introducción …
Nationality Law in the Western Hemisphere
In Nationality Law in the Western Hemisphere, Olivier Vonk provides the first comprehensive overview in English of the grounds for acquisition and loss of citizenship in the thirty-five independent countries in the Americas and the Caribbean. Employing a typology developed by the European Union Democracy Observatory on Citizenship, he convincingly shows that different nationality laws can be compared by using a systematic analytical grid. The individual country chapters additionally pay due regard to issues such as dual citizenship and statelessness, and include thorough historical observations as well as extensive bibliographical references for each state. Nationality Law in the Western Hemisphere allows academics, practitioners, governments and international organizations to assess nationality legislation beyond a purely national context.
Anuario de la Facultad de Derecho de la Universidad de Alcalá. Vol. X-2017.
Anuario de la Facultad de Derecho de la Universidad de Alcalá. Vol. X-2017.
