The Constitution of Brazil

The Constitution of Brazil
Author: Virgílio Afonso da Silva
Publisher: Bloomsbury Publishing
Total Pages: 291
Release: 2019-05-30
Genre: Law
ISBN: 1509929681

This book offers an original and comprehensive analysis of Brazilian constitutional law and shows how the 1988 Constitution has been a cornerstone in Brazil's struggle to achieve institutional stability and promote the enforcement of fundamental rights. In the realm of rights, although much has been done to decrease the gap between constitutional text and constitutional practice, several types of inequalities still affect and sometimes impair the enforcement of the ambitious bill of rights laid down by the Brazilian Constitution. Within the organisation of powers, the book not only describes how its legislative, executive and judicial functions are organised, but above all else, it analyses how a politically fragmented National Congress, a powerful President and an activist Supreme Court engage with each other in ways that one could hardly grasp by reading the constitutional text without contextual analysis. Similarly, the book also shows how the three-tiered federation established in 1988 has undergone a process of centralisation led not only by the central government but also by the Brazilian Supreme Court. In addition to chapters on organisation of powers, fundamental rights, federalism, and the legislative process, the book also presents an overview of Brazilian constitutionalism with a special focus on the transition from authoritarianism to democracy, which led to the enactment of the 1988 Constitution. In the conclusion, the author argues that part of the Constitution's transformative potential remains to be realised. Enforcing the Constitution, not changing it, has been the real challenge in the last three decades and will continue to be for many years to come.

Latin America and the Caribbean

Latin America and the Caribbean
Author: Stojan Albert Bayitch
Publisher: Coral Gables, Fla : University of Miami Press
Total Pages: 988
Release: 1967
Genre: Latin America
ISBN:

A new, expanded version of the [author's Latin America : a bibliographical guide to economy, history, law, politics, and society]

Latin America

Latin America
Author: Stojan Albert Bayitch
Publisher:
Total Pages: 360
Release: 1961
Genre: Latin America
ISBN:

The Human Rights of Aliens under International and Comparative Law

The Human Rights of Aliens under International and Comparative Law
Author: Carmen Tiburcio
Publisher: BRILL
Total Pages: 348
Release: 2021-10-18
Genre: Law
ISBN: 9004478523

This volume deals with the basic human rights of aliens from the perspective of international and comparative law. It examines the rules regarding treatment of aliens and the extent to which these rules have been adopted in the domestic legislation of more than 40 different states. It aims to achieve two basic goals: 1) to define the status of aliens under international law, that is, which rights are granted to every person by international instruments; and 2) to establish whether this set of rules has been adopted by the domestic legislation of the states under review. The author classifies the basic human rights of aliens into seven different categories, namely: 1) fundamental rights; 2) private rights; 3) social and cultural rights; 4) economic rights; 5) political rights; 6) public rights; and 7) procedural rights. For each of these categories she reviews opinions of international legal commentators, decisions of international and regional tribunals, as well as national legislation, domestic court decisions, and opinions of local authorities.