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Author: Yves Haeck
Publisher:
Published: 2015
Total Pages: 0
ISBN-13: 9781780683089
DOWNLOAD EBOOKDrawing on the case law of the Court, this volume analyses crucial developments over the years on both procedural and substantive issues before the Inter-American Court.
Author: Manuel Eduardo Góngora Mera
Publisher: Manuel Eduardo Gongora-Mera
Published: 2011
Total Pages: 323
ISBN-13: 9968611670
DOWNLOAD EBOOKAuthor: Martin Belov
Publisher: Routledge
Published: 2019-10-16
Total Pages: 189
ISBN-13: 1000707970
DOWNLOAD EBOOKThis book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.
Author: Armin von Bogdandy
Publisher: Oxford University Press
Published: 2017-06-16
Total Pages: 465
ISBN-13: 0192515462
DOWNLOAD EBOOKThis ground-breaking collection of essays outlines and explains the unique development of Latin American jurisprudence. It introduces the idea of the Ius Constitutionale Commune en América Latina (ICCAL), an original Latin American path of transformative constitutionalism, to an Anglophone audience for the first time. It charts the key developments that have transformed the region and assesses the success of the constitutional projects that followed a period of authoritarian regimes in Latin America. Coined by scholars who have been documenting, conceptualizing, and comparing the development of Latin American public law for more than a decade, the term ICCAL encompasses themes that cross national borders and legal fields, taking in constitutional law, administrative law, general public international law, regional integration law, human rights, and investment law. Not only does this volume map the legal landscape, it also suggests measures to improve society via due legal process and a rights-based, supranational and regionally rooted constitutionalism. The editors contend that with the strengthening of democracy, the rule of law, and human rights, common problems such as the exclusion of wide sectors of the population from having a say in government, as well as corruption, hyper-presidentialism, and the weak normativity of the law can be combatted more effectively in future.
Author: Martin Scheinin
Publisher: Edward Elgar Publishing
Published: 2016-04-29
Total Pages: 397
ISBN-13: 178536586X
DOWNLOAD EBOOKThere are many challenges that national and supranational judges have to face when fulfilling their roles as guardians of constitutionalism and human rights. This book brings together academics and judges from different jurisdictions in an endeavour to uncover the intricacies of the judicial function. The contributors discuss several points that each represent contemporary challenges to judging: analysis of judicial balancing of conflicting considerations; the nature of courts’ legitimacy and its alleged dependence on public support; the role of judges in upholding constitutional values in the times of transition to democracy, surveillance and the fight against terrorism; and the role of international judges in guaranteeing globally recognized fundamental rights and freedoms. This book will be of interest to human rights scholars focusing on the issues of judicial oversight, as well as constitutional law scholars interested in comparative perspectives on the role of judges in different contexts. It will also be useful to national constitutional court judges, and law clerks aiming to familiarise themselves with judicial practices within other jurisdictions.
Author: Daniel M. Brinks
Publisher: Cambridge University Press
Published: 2018-04-19
Total Pages: 281
ISBN-13: 1107178363
DOWNLOAD EBOOKAnalyzes the political roots of the systems of constitutional justice in Latin America, tracing their development over the last 40 years.
Author: Jan Klabbers
Publisher: OUP Oxford
Published: 2011-04-07
Total Pages: 414
ISBN-13: 0191615919
DOWNLOAD EBOOKThe book examines one of the most debated issues in current international law: to what extent the international legal system has constitutional features comparable to what we find in national law. This question has become increasingly relevant in a time of globalization, where new international institutions and courts are established to address international issues. Constitutionalization beyond the nation state has for many years been discussed in relation to the European Union. This book asks whether we now see constitutionalization taking place also at the global level. The book investigates what should be characterized as constitutional features of the current international order, in what way the challenges differ from those at the national level and what could be a proper interaction between different international arrangements as well as between the international and national constitutional level. Finally, it sketches the outlines of what a constitutionalized world order could and should imply. The book is a critical appraisal of constitutionalist ideas and of their critique. It argues that the reconstruction of the current evolution of international law as a process of constitutionalization -against a background of, and partly in competition with, the verticalization of substantive law and the deformalization and fragmentation of international law- has some explanatory power, permits new insights and allows for new arguments. The book thus identifies constitutional trends and challenges in establishing international organisational structures, and designs procedures for standard-setting, implementation and judicial functions. This paperback edition features the authors' discussion of this book on the EJIL Talks blog.
Author: Jo M. Pasqualucci
Publisher: Cambridge University Press
Published: 2013
Total Pages: 461
ISBN-13: 1107006589
DOWNLOAD EBOOKA thoroughly revised second edition that incorporates the major changes made in the procedures and practice of the Inter-American Court. Jo M. Pasqualucci analyzes all aspects of the Court's advisory jurisdiction, contentious jurisdiction and provisional measures orders through 2011. She also compares the practice and procedure of the Inter-American Court with that of the European Court of Human Rights, the Permanent Court of Justice and the United Nations Human Rights Committee. She evaluates changes in the Rules of Procedure of the Inter-American Court that entered into force on January 1, 2010, and which substantially change the role of the Inter-American Commission in contentious cases before the Court. She also evaluates the challenges and means of State compliance with the Court's innovative reparations orders. Featuring revisions to every chapter to address the major changes, this book will provide an important and updated resource for scholars, practitioners and students of international human rights law.
Author: Larry Kramer
Publisher: Oxford University Press, USA
Published: 2004
Total Pages: 380
ISBN-13: 9780195306453
DOWNLOAD EBOOKThis book makes the radical claim that rather than interpreting the Constitution from on high, the Court should be reflecting popular will--or the wishes of the people themselves.
Author: Pablo González-Domínguez
Publisher:
Published: 2018
Total Pages: 0
ISBN-13: 9781780686271
DOWNLOAD EBOOKThis book studies the doctrine of conventionality control in the Inter-American Human Rights System. It appeals to the principle of subsidiarity as a theoretical key to solve some of the inherent tensions of a doctrine that aims to increase the effectiveness of the American Convention on Human Rights and the decisions of the Inter-American Court of Human Rights in a plurality of constitutional systems and traditions in the region.
