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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...
We the Mediated People
Based on author's thesis (doctoral - YaleUniversity, 2018) issued under title: We, the mediated people: revolution, inclusion, and unconventional adaptation in post-Cold War South America.
Judicial review in comparative law
"All over the world, in all democratic States, independently of having a legal system based on the common law or on the civil law principles, the courts – special constitutional courts, supreme courts or ordinary courts – have the power to decide and declare the unconstitutionality of legislation or of other State acts when a particular statute violates the text of the Constitution or of its constitutional principles. This power of the courts is the consequence of the consolidation in contem-porary constitutionalism of three fundamental principles of law: first, the existence of a written or unwritten constitution or of a fundamental law, conceived as a superior law with clear supremacy ...
The Cambridge History of Latin America
Enth.: Bd. 1-2: Colonial Latin America ; Bd. 3: From Independence to c. 1870 ; Bd. 4-5: c. 1870 to 1930 ; Bd. 6-10: Latin America since 1930 ; Bd. 11: Bibliographical essays.
Venezuela
A Stanford University Press classic.
Democratic Institutional Design
Based on the policy-making structures of Venezuelan government, this book examines the constitutionally allocated powers of the executive and legislature and shows how the powers of each branch are exercised given the incentives established by the electoral system and changing partisan strengths. Several institutional characteristics have led to a passive legislature and an activist chief executive. The advantages presidents enjoy as a result of their constitutional and partisan powers are demonstrated by a wealth of empirical evidence, including records of votes of censure, initiation of legislation, and the use of decree authority. Because of its dominance, the Venezuelan executive branch ...
Rights Before Courts
This is a completely revised and updated second edition of Rights Before Courts (2005, paper edition 2008). This book carefully examines the most recent wave of the emergence and case law of activist constitutional courts: those that were set up after the fall of communism in Central and Eastern Europe. In contrast to most other analysts and scholars, the study does not take for granted that they are a “force for good” but rather subjects them to critical scrutiny against a background of wide-ranging comparative and theoretical analysis of constitutional judicial review in the modern world. The new edition takes in new case law and constitutional developments in the decade since the first edition, including considering the recent disturbing disempowerment of the Hungarian Constitutional Court (which previously was probably the most powerful constitutional court in the world) resulting from the fundamental constitutional changes brought about by the Fidesz government.
The civil rights injunction for the protection of fundamental rights
"This book on The Civil Rights Injunction for the protection of Funda-mental Rights. The Latin American «Amparo» Proceeding, is the original version of the text I wrote for the Couse of Lectures I gave, as Adjunct Professor of Law, on a Seminar on Judicial Protection of Fundamental Rights in Latin America: the Amparo Proceeding, at the Columbia Law School in New York, University of Columbia, during the years 2006-2008. The Seminar was intended to examine the most recent trends in the constitutional and legal regulations in all Latin American countries regarding the “amparo” suit, action or recourse– including the old habeas corpus writ and the new habeas data actions or recourses. By...
Resisting Backsliding
In the past two decades, democratically elected executives across the world have used their popularity to push for legislation that, over time, destroys systems of checks and balances, hinders free and fair elections, and undermines political rights and civil liberties. Using and abusing institutions and institutional reform, some executives have transformed their countries' democracies into competitive authoritarian regimes. Others, however, have failed to erode democracy. What explains these different outcomes? Resisting Backsliding answers this question. With a focus on the cases of Hugo Chávez in Venezuela and Alvaro Uribe in Colombia, the book shows that the strategies and goals of the opposition are key to understanding why some executives successfully erode democracy and others do not. By highlighting the role of the opposition, this book emphasizes the importance of agency for understanding democratic backsliding and shows that even weak oppositions can defeat strong potential autocrats.
The Judge in a Democracy
Whether examining election outcomes, the legal status of terrorism suspects, or if (or how) people can be sentenced to death, a judge in a modern democracy assumes a role that raises some of the most contentious political issues of our day. But do judges even have a role beyond deciding the disputes before them under law? What are the criteria for judging the justices who write opinions for the United States Supreme Court or constitutional courts in other democracies? These are the questions that one of the world's foremost judges and legal theorists, Aharon Barak, poses in this book. In fluent prose, Barak sets forth a powerful vision of the role of the judge. He argues that this role compr...
