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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.
Executive Decree Authority
This book offers a theory that predicts when executives should turn to decree and when legislatures should accept this method of policy-making.
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...
Handbook of Latin American Studies
Beginning with volume 41 (1979), the University of Texas Press became the publisher of the Handbook of Latin American Studies, the most comprehensive annual bibliography in the field. Compiled by the Hispanic Division of the Library of Congress and annotated by a corps of more than 130 specialists in various disciplines, the Handbook alternates from year to year between social sciences and humanities. The Handbook annotates works on Mexico, Central America, the Caribbean and the Guianas, Spanish South America, and Brazil, as well as materials covering Latin America as a whole. Most of the subsections are preceded by introductory essays that serve as biannual evaluations of the literature and...
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,...
The Politics of Policies
This study analyzes how the workings of the policymaking process affect the quality of policy outcomes. It looks beyond a purely technocratic approach, arguing that the political and policymaking processes are inseparable. It offers a wide variety of examples and case studies, and yields useful insights for the design of effective policy reform.
The Politics of Religion and the Rise of Social Catholicism in Peru (1884-1935)
In The Politics of Religion and the Rise of Social Catholicism in Peru (1884-1935) Ricardo Cubas Ramacciotti provides a lucid synthesis of the Catholic Church’s responses to the secularisation of the State and society whilst offering a fresh appraisal of the emergence of Social Catholicism and its contribution to social thought and development of civil society in post-independence Peru. Making use of diverse historical sources, Cubas provides a comprehensive view of a reformist yet anti-revolutionary trend within the Peruvian Church that, decades before the emergence of Liberation Theology and under divergent intellectual paradigms, developed an active agenda that addressed the new social problems of the country, including those of urban workers, and of indigenous populations.
Judicial Cosmopolitanism
Judicial Cosmopolitanism: The Use of Foreign Law in Contemporary Constitutional Systems offers a detailed account of the use of foreign law by supreme and constitutional Courts of Europe, America and East Asia. The individual contributions highlight the ways in which the use of foreign law is carried out by the individual courts and the path that led the various Courts to recognize the relevance, for the purpose of the decision, to foreign law. The authors try to highlight reasons and types of the more and more frequent circulation of foreign precedents in the case law of most high courts. At the same time, they show the importance of this practice in the so-called neo constitutionalism.
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 ...
El derecho procesal constitucional a inicios del siglo XXI en América Latina
El derecho procesal constitucional es la más novel disciplina dentro del derecho público. Estudia sistemáticamente los principios y normas constitucionales y legales que definen y configuran la defensa de la constitución, la protección de los derechos fundamentales en sus fuentes constitucional e internacional de los derechos humanos y su adecuada interpretación; asimismo, estudia los sistemas de control de constitucionalidad, la organización y funcionamiento de los órganos jurisdiccionales especializados o de la jurisdicción ordinaria que desarrollan los contenciosos constitucionales, la configuración de los procesos y procedimientos en que estos contenciosos se concretan las reso...
