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Constitutional Courts as Positive Legislators
In all democratic states, constitutional courts, which are traditionally empowered to invalidate or to annul unconstitutional statutes, have the role of interpreting and applying the Constitution in order to preserve its supremacy and to ensure the prevalence of fundamental rights. In this sense they were traditionally considered "negative legislators," unable to substitute the legislators or to enact legislative provisions that could not be deducted from the Constitution. During the past decade the role of constitutional courts has dramatically changed as their role is no longer limited to declaring the unconstitutionality of statutes or annulling them. Today, constitutional courts conditio...
LA OBRA DE / THE WORKS OF ALLAN R BREWER-CARÍAS
Este libro es solo lo que expresa su título, es decir, un Catálogo con la información sobre la Obra de nuestro papá y abuelo Allan R. Brewer-Carías, desarrollada durante los últimos 60 años (1960-1999) de sus 80 años de vida, y que hemos considerado útil publicar, pues pensamos que esta es la mejor manera cómo se puede apreciar la magnitud e importancia de su Obra. This book is what its title expresses, that is, a Catalog about the Works of our father and grandfather Allan R. Brewer-Carías, accomplished during the past 60 years (1960-1999) of his 80 years of age, which we have considered useful to publish as a book, this being the best way to appreciate the magnitude and importance of the Works.
Dismantling Democracy in Venezuela
This book examines the process of dismantling the democratic institutions and protections in Venezuela under the Hugo Chávez regime. The actions of the Chávez government have influenced similar processes and undemocratic manoeuvrings in Ecuador, Bolivia, and Honduras. Since the election of Hugo Chávez as president of Venezuela in 1998, a sinister form of nationalistic authoritarianism has arisen at the expense of long-established democratic standards. During the past decade, the 1999 Venezuelan Constitution has been systematically attacked by all branches of the Chávez government, particularly by the Supreme Tribunal of Justice, which has legitimized the Chávez-ordered constitutional violations. The Chávez regime has purposely defrauded the Constitution and severely restricted representative government, all in the name of a supposedly participatory democracy controlled by a popularly supported central government. This volume illustrates how an authoritarian, nondemocratic government has been established in Venezuela.
The COLLAPSE of the RULE of LAW in VENEZUELA and the STRUGGLE for DEMOCRACY in VENEZUELA. Lectures and Essays (2015-2020)
This book of Professor Allan R. Brewer-Carías is a recollection of essays and lectures given by the author during 2015-2020 related to the definitive collapse of the rule of law in Venezuela, and of the struggle to restore democracy lead by the National Assembly elected in December 2015, as the only legitimate elected institution in the country, after an unconstitutional convening of another fraudulent Constituent Assembly in 2017, violating the provisions of the Constitution, and after the unconstitutional call by it of an anticipated and unconstitutional presidential election in order to reelect Nicolas Maduro as President of Venezuela in 2018; reelection considered as a "farce" by the National Assembly which declared it as "nonexistent." The result was, in January 2019, facing the lack of a President legitimately elected that could take his out for the presidential term 2019-2025, the assumption by the National Assembly of a constitutional transition process to restore democracy and reestablish the enforcement of the Constitution.
Constitutional Law in Venezuela
Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Venezuela provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence,...
Judicial Review. Comparative Constitutional Law Essays, Lectures and Courses
This book deals with Judicial Review, as the power of judges to control the constitutionality of State acts, particularly of Legislation, which not only is the most important subject of contemporary constitutional law, but also the most distinctive feature of all democratic constitutional systems. Such power is the consequence of the consolidation in contemporary constitutionalism of three fundamental principles of law: first, the existence of a written constitution or of a fundamental law, conceived as a superior law with clear supremacy over all other statutes; second, the "rigid" character of such constitution, which implies that the amendments or reforms that may be introduced can only b...
PRINCIPLES OF THE RULE OF LAW (État de Droit, Estado de Derecho, Stato Di Diritto, Rechtsstaat). Historical Approach
This book of Professor Allan R. Brewer-Carías, deals with the concept of the Rule of Law State, which is equivalent to the German Rechtsstaat, the French État de droit, the Spanish Estado de derecho and the Italian Stato di diritto, which had its origin in the basic ideas and principles generated after the English Glorious Revolution of the seventeenth century, from the American and the French Revolutions of the eighteenth century, when the Modern Constitutional State began to be conceived in substitution of the Absolut State. This provoked a radical change in the organization and functioning of the State, based on the principle that not only must all the powers of the public bodies formin...
Administrative Law in Venezuela
Administrative Law has been a subject on which Professor Allan R. Brewer-Carias has been working, writing and publishing during the past fifty years, since his first book published in Caracas in 1964, on "The Fundamental Institutions of Administrative Law and the Venezuelan Jurisprudence" (Las Instituciones Fundamentales del Derecho Administrativo y la Jurisprudencia Venezolana, Universidad Central de Venezuela, Caracas 1964). Since then, he has published many books and articles treating matters of Administrative Law mainly is Spanish, being this his first book in English on the subject. Since 2005, after fixing his permanent residence in New York and after accomplishing his work as Adjunct ...
Constitutional documents of the independence of Venezuela 1811
This book contains the facsimile edition of the book: Interesting Official Documents Relating to the United Provinces of Venezuela. Documentos interesantes relativos a Caracas, published in London in 1812. The book contained, in a unique bilingual Spanish-English edition, the text of the most important written testimony of the first constitution-making process developed in Modern World after the ones that took place in North America (1776) and France (1789), which occur in Venezuela after the Declaration of Independence from Spain (1811). Among those official constitutional documents and other political papers related to the creation of the new State: United provinces of Venezuela, are the t...
Constitutional Protection of Human Rights in Latin America
This book examines the most recent trends in the constitutional and legal regulations in all Latin American countries regarding the amparo proceeding. It analyzes the regulations of the seventeen amparo statutes in force in Latin America, as well as the regulation on the amparo guarantee established in Article 25 of the American Convention of Human Rights.
