This two-volume set gives an account of the origins and growth of judicial review in the democratic countries of the G-20 from its beginnings in the United States to its expansion after World War II. Volume 2 covers the civil law jurisdictions.
A comparative perspective of role played by three generations of European Constitutional Courts in the process of transition to democracy.
This work offers a timely philosophical analysis of fundamental principles of democracy and the meaning of democracy today. It explores the influence of big money and capitalism on democracy, the role of information and the media in democratic elections, and constitutional issues that challenge democracy in the wake of increased threats to privacy since 2001 and in light of the Citizens United decision of the US Supreme Court. It juxtaposes alternate positions from experts in law and philosophy and examines the question of legitimacy, as well as questions about the access to information, the quality of information, the obligations to attain epistemic competence among the electorate, and the power of money. Drawing together different political perspectives, as well as a variety of disciplines, this collection allows readers the opportunity to compare different and opposing moral and political solutions that both defend and transform democratic theory and practice.
How and to what degree do federations produce uniform law within their system? This comparative empirical study addresses these questions comprehensively for the first time. Originally produced under the auspices of the International Academy of Comparative Law, this volume examines legal unification in twenty federations around the world. Each of the successive chapters presents the forces of unification through the lens of a particular federal system. A comparative overview chapter provides a detailed analysis of the overall results with compelling visual illustrations of legal unification along different dimensions (e.g. by area of law; by federation; by civil vs common law system). The ov...
This Oxford Handbook details the constitutions and constitutional history of Latin America, providing comparative analysis of the prevailing institutional models and major themes in the region's constitutionalism.
Working with progressive conceptual categories relating to indigenous property, cultural identity, the right to an adequate standard of living and healthcare, the Inter-American Court of Human Rights continues to build a justiciability to determine the social rights of marginalised individuals and groups in the Americas. In a context of interpretative tensions of the social rights as political goals and direct effects provisions, Isaac de Paz González unveils the abilities, and the practices of the Inter-American Court’s contribution to the human rights practice in the Global South.
Contemporary Mexico faces a complex crisis of violence and insecurity with high levels of impunity and the lack of an effective rule of law. These weaknesses in the rule of law are multidimensional and involve elements of institutional design, the specific content of the laws, particularities of political competition and a culture of legality in a country with severe social inequalities. This book discusses necessary institutional and legal reforms to develop the rule of law in a context of democratic, social and economic transformations. The chapters are organized to address: 1) The concept of the ‘rule of law’ and its measurement; 2) The fragility of the ‘rule of law’ in Mexico; 3)...
The trend of measuring performances is global and pervasive. We all live in quantified societies, in which performances in an ever-growing array of fields–from education to health, work to credit, justice to consumption–are assessed and governed through quantitative techniques. While the disruption brought by the quantitative turn has been widely studied by social scientists, legal research on the issue is minimal. This book aims to fill the gap. The essays herein collected explore how performance measurements interact with the law in different regions and sectors, which legal effects they produce, and for whose benefit.
With contributions from over 30 international legal scholars, this topical Research Handbook on International Food Law provides a crucial and reflective examination of the rules, power dynamics, legal doctrines, societal norms, and frameworks that govern the modern global food system. The Research Handbook analyses the interlinkages between producers and consumers of food, as well as the environmental effects of the global food network and the repercussions on human health.