Constitutional Law In Venezuela
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| Author | : Allan R. Brewer-Carías |
| Publisher | : Cambridge University Press |
| Total Pages | : 433 |
| Release | : 2010-09-20 |
| Genre | : Political Science |
| ISBN | : 1139492357 |
This book examines the process of dismantling the democratic institutions and protections in Venezuela under the Hugo Chávez regime. The actions of the Chávez government have influenced similar processes and undemocratic manoeuvrings in Ecuador, Bolivia, and Honduras. Since the election of Hugo Chávez as president of Venezuela in 1998, a sinister form of nationalistic authoritarianism has arisen at the expense of long-established democratic standards. During the past decade, the 1999 Venezuelan Constitution has been systematically attacked by all branches of the Chávez government, particularly by the Supreme Tribunal of Justice, which has legitimized the Chávez-ordered constitutional violations. The Chávez regime has purposely defrauded the Constitution and severely restricted representative government, all in the name of a supposedly participatory democracy controlled by a popularly supported central government. This volume illustrates how an authoritarian, nondemocratic government has been established in Venezuela.
| Author | : Martin Belov |
| Publisher | : Routledge |
| Total Pages | : 189 |
| Release | : 2019-10-16 |
| Genre | : Law |
| ISBN | : 1000707970 |
This 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 | : Allan R. Brewer-Carías |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 637 |
| Release | : 2023-08-20 |
| Genre | : Law |
| ISBN | : 9403514175 |
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, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Venezuela will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.
| Author | : David Smilde |
| Publisher | : Duke University Press Books |
| Total Pages | : 0 |
| Release | : 2011-08-05 |
| Genre | : History |
| ISBN | : 9780822350248 |
Venezuela’s Bolivarian Democracy brings together a variety of perspectives on participation and democracy in Venezuela. An interdisciplinary group of contributors focuses on the everyday lives of Venezuelans, examining the forms of participation that have emerged in communal councils, cultural activities, blogs, community media, and several other forums. The essays validate many of the critiques of democracy under Chávez, as well as much of the praise. They show that while government corporatism and clientelism are constant threats, the forms of political and cultural participation discussed are creating new discourses, networks, and organizational spaces—for better and for worse. With open yet critical minds, the contributors seek to analyze Venezuela’s Bolivarian democratic experience through empirical research. In doing so, they reveal a nuanced process, a richer and more complex one than is conveyed in international journalism and scholarship exclusively focused on the words and actions of Hugo Chávez. Contributors Carolina Acosta-Alzuru Julia Buxton Luis Duno Gottberg Sujatha Fernandes María Pilar García-Guadilla Kirk A. Hawkins Daniel Hellinger Michael E. Johnson Luis E. Lander Margarita López-Maya Elizabeth Gackstetter Nichols Coraly Pagan Guillermo Rosas Naomi Schiller David Smilde Alejandro Velasco
| Author | : Roberto Gargarella |
| Publisher | : Cambridge University Press |
| Total Pages | : 287 |
| Release | : 2010-04-12 |
| Genre | : Political Science |
| ISBN | : 1139485989 |
The long revolutionary movements that gave birth to constitutional democracies in the Americas were founded on egalitarian constitutional ideals. They claimed that all men were created equal with similar capacities and also that the community should become self-governing. Following the first constitutional debates that took place in the region, these promising egalitarian claims, which gave legitimacy to the revolutions, soon fell out of favor. Advocates of a conservative order challenged both ideals and favored constitutions that established religion and created an exclusionary political structure. Liberals proposed constitutions that protected individual autonomy and rights but established severe restrictions on the principle of majority rule. Radicals favored an openly majoritarian constitutional organization that, according to many, directly threatened the protection of individual rights. This book examines the influence of these opposite views during the 'founding period' of constitutionalism in countries including the United States, Argentina, Colombia, Chile, Ecuador, Mexico, Peru, and Venezuela.
| Author | : Laurel E. Miller |
| Publisher | : US Institute of Peace Press |
| Total Pages | : 737 |
| Release | : 2010 |
| Genre | : History |
| ISBN | : 1601270550 |
Analyzing nineteen cases, this title offers practical perspective on the implications of constitution-making procedure, and explores emerging international legal norms.
| Author | : Mark A. Graber |
| Publisher | : Oxford University Press |
| Total Pages | : 737 |
| Release | : 2018-08-23 |
| Genre | : Law |
| ISBN | : 0190888997 |
Is the world facing a serious threat to the protection of constitutional democracy? There is a genuine debate about the meaning of the various political events that have, for many scholars and observers, generated a feeling of deep foreboding about our collective futures all over the world. Do these events represent simply the normal ebb and flow of political possibilities, or do they instead portend a more permanent move away from constitutional democracy that had been thought triumphant after the demise of the Soviet Union in 1989? Constitutional Democracy in Crisis? addresses these questions head-on: Are the forces weakening constitutional democracy around the world general or nation-specific? Why have some major democracies seemingly not experienced these problems? How can we as scholars and citizens think clearly about the ideas of "constitutional crisis" or "constitutional degeneration"? What are the impacts of forces such as globalization, immigration, income inequality, populism, nationalism, religious sectarianism? Bringing together leading scholars to engage critically with the crises facing constitutional democracies in the 21st century, these essays diagnose the causes of the present afflictions in regimes, regions, and across the globe, believing at this stage that diagnosis is of central importance - as Abraham Lincoln said in his "House Divided" speech, "If we could first know where we are, and whither we are tending, we could then better judge what to do, and how to do it."
| Author | : Bruce P. Frohnen |
| Publisher | : Harvard University Press |
| Total Pages | : 304 |
| Release | : 2016-06-13 |
| Genre | : Law |
| ISBN | : 0674968921 |
Americans are increasingly ruled by an unwritten constitution consisting of executive orders, signing statements, and other forms of quasi-law that lack the predictability and consistency essential for the legal system to function properly. As a result, the U.S. Constitution no longer means what it says to the people it is supposed to govern, and the government no longer acts according to the rule of law. These developments can be traced back to a change in “constitutional morality,” Bruce Frohnen and George Carey argue in this challenging book. The principle of separation of powers among co-equal branches of government formed the cornerstone of America’s original constitutional morality. But toward the end of the nineteenth century, Progressives began to attack this bedrock principle, believing that it impeded government from “doing the people’s business.” The regime of mixed powers, delegation, and expansive legal interpretation they instituted rejected the ideals of limited government that had given birth to the Constitution. Instead, Progressives promoted a governmental model rooted in French revolutionary claims. They replaced a Constitution designed to mediate among society’s different geographic and socioeconomic groups with a body of quasi-laws commanding the democratic reformation of society. Pursuit of this Progressive vision has become ingrained in American legal and political culture—at the cost, according to Frohnen and Carey, of the constitutional safeguards that preserve the rule of law.
| Author | : Andrew Coan |
| Publisher | : Harvard University Press |
| Total Pages | : 281 |
| Release | : 2019-04-29 |
| Genre | : Law |
| ISBN | : 0674986954 |
In this groundbreaking analysis of Supreme Court decision-making, Andrew Coan explains how judicial caseload shapes the course of American constitutional law and the role of the Court in American society. Compared with the vast machinery surrounding Congress and the president, the Supreme Court is a tiny institution that can resolve only a small fraction of the constitutional issues that arise in any given year. Rationing the Constitution shows that this simple yet frequently ignored fact is essential to understanding how the Supreme Court makes constitutional law. Due to the structural organization of the judiciary and certain widely shared professional norms, the capacity of the Supreme Court to review lower-court decisions is severely limited. From this fact, Andrew Coan develops a novel and arresting theory of Supreme Court decision-making. In deciding cases, the Court must not invite more litigation than it can handle. On many of the most important constitutional questions—touching on federalism, the separation of powers, and individual rights—this constraint creates a strong pressure to adopt hard-edged categorical rules, or defer to the political process, or both. The implications for U.S. constitutional law are profound. Lawyers, academics, and social activists pursuing social reform through the courts must consider whether their goals can be accomplished within the constraints of judicial capacity. Often the answer will be no. The limits of judicial capacity also substantially constrain the Court’s much touted—and frequently lamented—power to overrule democratic majorities. As Rationing the Constitution demonstrates, the Supreme Court is David, not Goliath.
| Author | : Robert A. Burt |
| Publisher | : Harvard University Press |
| Total Pages | : 492 |
| Release | : 1992 |
| Genre | : Law |
| ISBN | : 9780674165366 |
In a remarkably innovative reconstruction of constitutional history, Robert Burt traces the controversy over judicial supremacy back to the founding fathers. Also drawing extensively on Lincoln's conception of political equality, Burt argues convincingly that judicial supremacy and majority rule are both inconsistent with the egalitarian democratic ideal. The first fully articulated presentation of the Constitution as a communally interpreted document in which the Supreme Court plays an important but not predominant role, The Constitution in Conflict has dramatic implications for both the theory and the practice of constitutional law.
