Research Handbook on Compliance in International Human Rights Law

Research Handbook on Compliance in International Human Rights Law
Author: Grote, Rainer
Publisher: Edward Elgar Publishing
Total Pages: 576
Release: 2021-10-21
Genre: Political Science
ISBN: 1788971124

This comprehensive Research Handbook offers an in-depth examination of the most significant factors affecting compliance with international human rights law, which has emerged as one of the key problems in the efforts to promote effective protection of human rights. In particular, it examines the relationships between regional human rights courts and domestic actors and judiciaries.

Conventionality Control of Domestic Law

Conventionality Control of Domestic Law
Author: Yota Negishi
Publisher:
Total Pages: 210
Release: 2022
Genre:
ISBN: 9783848785629

Through gaining lessons from the doctrine of constitutionality control, the book deals principally with conventionality control achieved by judicial adjudicators. This monograph fills the gap in comparative international human rights law by analysing the practice of conventionality control in Europe and Latin America. Based on the empirical data, the author normatively envisions a 'trapezium' model of conventionality control with the features of openness, substantivism and human-centrism, which overcomes the limits of the closed, formalist, and State-centric 'pyramid' model.

Rule of Law, Human Rights and Judicial Control of Power

Rule of Law, Human Rights and Judicial Control of Power
Author: Rainer Arnold
Publisher: Springer
Total Pages: 444
Release: 2017-05-16
Genre: Law
ISBN: 3319551868

Judicial control of public power ensures a guarantee of the rule of law. This book addresses the scope and limits of judicial control at the national level, i.e. the control of public authorities, and at the supranational level, i.e. the control of States. It explores the risk of judicial review leading to judicial activism that can threaten the principle of the separation of powers or the legitimate exercise of state powers. It analyzes how national and supranational legal systems have embodied certain mechanisms, such as the principles of reasonableness, proportionality, deference and margin of appreciation, as well as the horizontal effects of human rights that help to determine how far a judge can go. Taking a theoretical and comparative view, the book first examines the conceptual bases of the various control systems and then studies the models, structural elements, and functions of the control instruments in selected countries and regions. It uses country and regional reports as the basis for the comparison of the convergences and divergences of the implementation of control in certain countries of Europe, Latin America, and Africa. The book’s theoretical reflections and comparative investigations provide answers to important questions, such as whether or not there are nascent universal principles concerning the control of public power, how strong the impact of particular legal traditions is, and to what extent international law concepts have had harmonizing and strengthening effects on internal public-power control.

Transformative Constitutionalism in Latin America

Transformative Constitutionalism in Latin America
Author: Armin von Bogdandy
Publisher: Oxford University Press
Total Pages: 465
Release: 2017-06-16
Genre: Law
ISBN: 0192515462

This 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.

Territory

Territory
Author: David Delaney
Publisher: John Wiley & Sons
Total Pages: 176
Release: 2008-04-15
Genre: Social Science
ISBN: 1405153059

This short introduction conveys the complexities associated with the term "territory" in a clear and accessible manner. It surveys the field and brings theory to ground in the case of Palestine. A clear and accessible introduction to the complexities associated with the term "territory". Provides an interdisciplinary survey of the many strands of research in the field. Addresses specific areas including interpretations of territorial structures; the relationship between territoriality and scale; the validity and fluidity of territory; and the practical, social processes associated with territorial re-configurations. Stresses that our understanding of territory is inseparable from our understanding of power. Uses Israel/Palestine as an extended illustrative case study. The author’s strong legal and geographical background gives the work an authoritative perspective.

Courts and Social Transformation in New Democracies

Courts and Social Transformation in New Democracies
Author: Roberto Gargarella
Publisher: Ashgate Publishing, Ltd.
Total Pages: 336
Release: 2006
Genre: Political Science
ISBN: 9780754647836

This volume examines the role of courts as a channel for social transformation for excluded sectors of society in contemporary democracies, with a focus on social rights litigation in post-authoritarian regimes or contexts of fragile state presence.

Colombian Constitutional Law

Colombian Constitutional Law
Author: Manuel José Cepeda Espinosa
Publisher: Oxford University Press
Total Pages: 449
Release: 2017
Genre: Law
ISBN: 0190640367

Introduction to the Colombian constitution of 1991 and the Constitutional Court -- The role of the Constitutional Court -- Dignity and autonomy -- Equality -- Freedom of speech and freedom of religion -- Social rights -- The rights of victims and transitional justice -- The rights of indigenous peoples -- The president : problems of executive overreach -- The congress : problems of abdication and deliberation -- Constitutional amendment and the substitution of the constitution doctrine.

Latin American Constitutionalism,1810-2010

Latin American Constitutionalism,1810-2010
Author: Roberto Gargarella
Publisher:
Total Pages: 298
Release: 2013-08-29
Genre: History
ISBN: 0199937966

This study of 200 years of Latin American constitutionalism (1810-2010) both presents a description and a critical analysis of what Latin Americans did with their Constitutions during those years.

The Ways of Federalism in Western Countries and the Horizons of Territorial Autonomy in Spain

The Ways of Federalism in Western Countries and the Horizons of Territorial Autonomy in Spain
Author: Alberto López - Basaguren
Publisher: Springer Science & Business Media
Total Pages: 893
Release: 2013-06-13
Genre: Law
ISBN: 3642277179

Territorial autonomy in Spain has reached a crossroads. After over thirty years of development, the consensus regarding its appropriateness has started to crumble. The transformation project embodied by the reform of Statute of Catalonia (2006) has failed to achieve its most significant demands. Although the concept of Spain as a Federation is disputed -more within the country than beyond-, the evolution of the Spanish system needs to follow a markedly federalist path. In this perspective, reference models assume critical importance. This edition gathers the works of a broad group of European, American and Spanish experts who analyse the present-day challenges of their respective systems. The objective, thus, is to contribute ideas which might help to address the evolution of the Spanish system in the light of the experience of more established Federations. This second volume focuses its attention on the difficulties and challenges faced in two particular fields. On the one hand, the field of intergovernmental relations and, on the other, questions related to the integration and acknowledgement of diversity and of Fundamental Rights, with special reference to the cases of Canada and Spain. Finally, there is analysis of other specific aspects of the system of territorial autonomy in Spain.