Retos del Estado constitucional: transparencia y combate a la corrupción.

Retos del Estado constitucional: transparencia y combate a la corrupción.
Author: Javier Rascado Pérez
Publisher: Instituto de Estudios Constitucionales del Estado de Querétaro
Total Pages: 170
Release: 2020-12-01
Genre: Law
ISBN: 6077822701

Entre los nuevos problemas que enfrenta el Estado constitucional de derecho destaca la corrupción. Este mal ha lacerado las democracias contemporáneas, ya que su impacto negativo no se circunscribe al ámbito económico, sino que afecta el funcionamiento del Estado, debilita la legitimidad institucional y reduce la calidad de vida de todos. Es un fenómeno que se extiende en todas latitudes y se encuentra lejos de ser exclusivo de los países cuyas democracias no se han consolidado o de aquellos en los que ni siquiera se visibiliza. Así, es fundamental fortalecer el combate a la corrupción, siendo necesario para la garantía de los derechos humanos y el afianzamiento de las democracias. Por ello, es un tema de actualidad cuyo análisis requiere de todos los sectores, a fin de ofrecer respuestas que abonen a los logros alcanzados. Con esa intención surge la idea de publicar el presente libro, como espacio plural e interdisciplinario que acoge las voces de personas expertas y especialistas, quienes desde una visión crítica nutren el debate en la materia y ofrecen propuestas que abonen al debate.

Homicidal Ecologies

Homicidal Ecologies
Author: Deborah J. Yashar
Publisher: Cambridge University Press
Total Pages: 443
Release: 2018-12-06
Genre: History
ISBN: 1107178479

Latin America has among the world's highest homicide rates. The author analyzes the illicit organizations, complicit and weak states, and territorial competition that generate today's violent homicidal ecologies.

How Tobacco Smoke Causes Disease

How Tobacco Smoke Causes Disease
Author: United States. Public Health Service. Office of the Surgeon General
Publisher:
Total Pages: 728
Release: 2010
Genre: Government publications
ISBN:

This report considers the biological and behavioral mechanisms that may underlie the pathogenicity of tobacco smoke. Many Surgeon General's reports have considered research findings on mechanisms in assessing the biological plausibility of associations observed in epidemiologic studies. Mechanisms of disease are important because they may provide plausibility, which is one of the guideline criteria for assessing evidence on causation. This report specifically reviews the evidence on the potential mechanisms by which smoking causes diseases and considers whether a mechanism is likely to be operative in the production of human disease by tobacco smoke. This evidence is relevant to understanding how smoking causes disease, to identifying those who may be particularly susceptible, and to assessing the potential risks of tobacco products.

Weak Courts, Strong Rights

Weak Courts, Strong Rights
Author: Mark Tushnet
Publisher: Princeton University Press
Total Pages: 288
Release: 2009-07-20
Genre: Political Science
ISBN: 1400828155

Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights, Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. Under "strong-form" judicial review, as in the United States, judicial interpretations of the constitution are binding on other branches of government. In contrast, "weak-form" review allows the legislature and executive to reject constitutional rulings by the judiciary--as long as they do so publicly. Tushnet describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own. With that background, he turns to social welfare rights, explaining the connection between the "state action" or "horizontal effect" doctrine and the enforcement of social welfare rights. Tushnet then draws together the analysis of weak-form review and that of social welfare rights, explaining how weak-form review could be used to enforce those rights. He demonstrates that there is a clear judicial path--not an insurmountable judicial hurdle--to better enforcement of constitutional social welfare rights.

Audacious Education Purposes

Audacious Education Purposes
Author: Fernando M Reimers
Publisher:
Total Pages: 256
Release: 2020-10-09
Genre: Education
ISBN: 9781013277009

This open access book offers a comparative study of eight ambitious national reforms that sought to create opportunities for students to gain the necessary breath of skills to thrive in a rapidly changing world. It examines how national governments transform education systems to provide students opportunities to develop such skills. It analyses comprehensive education reforms in Brazil, Finland, Japan, Mexico, Peru, Poland, Portugal and Russia and yields original and important insights on the process of educational change. The analysis of these 21st century skills reforms shows that reformers followed approaches which are based on the five perspectives: cultural, psychological, professional, institutional and political. Most reforms relied on institutional and political perspectives. They highlight the systemic nature of the process of educational change, and the need for alignment and coherence among the various elements of the system in order. They underscore the importance of addressing the interests of various stakeholders of the education system in obtaining the necessary impetus to initiate and sustain change. In contrast, as the book shows, the use of a cultural and psychological frame proved rarer, missing important opportunities to draw on systematic analysis of emerging demands for schools and on cognitive science to inform the changes in the organization of instruction. Drawing on a rich array of sources and evidence the book provides a careful account of how education reform works in practice. This work was published by Saint Philip Street Press pursuant to a Creative Commons license permitting commercial use. All rights not granted by the work's license are retained by the author or authors.

The New Constitutional Order

The New Constitutional Order
Author: Mark Tushnet
Publisher: Princeton University Press
Total Pages: 277
Release: 2009-02-09
Genre: Law
ISBN: 1400825555

In his 1996 State of the Union Address, President Bill Clinton announced that the "age of big government is over." Some Republicans accused him of cynically appropriating their themes, while many Democrats thought he was betraying the principles of the New Deal and the Great Society. Mark Tushnet argues that Clinton was stating an observed fact: the emergence of a new constitutional order in which the aspiration to achieve justice directly through law has been substantially chastened. Tushnet argues that the constitutional arrangements that prevailed in the United States from the 1930s to the 1990s have ended. We are now in a new constitutional order--one characterized by divided government, ideologically organized parties, and subdued constitutional ambition. Contrary to arguments that describe a threatened return to a pre-New Deal constitutional order, however, this book presents evidence that our current regime's animating principle is not the old belief that government cannot solve any problems but rather that government cannot solve any more problems. Tushnet examines the institutional arrangements that support the new constitutional order as well as Supreme Court decisions that reflect it. He also considers recent developments in constitutional scholarship, focusing on the idea of minimalism as appropriate to a regime with chastened ambitions. Tushnet discusses what we know so far about the impact of globalization on domestic constitutional law, particularly in the areas of international human rights and federalism. He concludes with predictions about the type of regulation we can expect from the new order. This is a major new analysis of the constitutional arrangements in the United States. Though it will not be received without controversy, it offers real explanatory and predictive power and provides important insights to both legal theorists and political scientists.

The Constitution of Deliberative Democracy

The Constitution of Deliberative Democracy
Author: Carlos Santiago Nino
Publisher: Yale University Press
Total Pages: 268
Release: 1996-01-01
Genre: Political Science
ISBN: 9780300077278

In this important and wide-ranging book, a leading political theorist and activist considers the question: What justifies democracy? Carlos Santiago Nino critically examines answers others have given and then develops his own distinctive theory of democracy, emphasizing its deliberative character. In Nino's view, democracy resembles a moral conversation and is valued because of its capacity to generate an impartial perspective, one that takes into account the interests of all citizens. Nino's conception of deliberative democracy bears on the way power is organized under a constitution. Drawing on a variety of constitutional traditions, he criticizes the presidential system and calls for citizens to participate more directly in the political life of their country. He also envisions a revitalized role for political parties. Nino shows how deliberative democracy can be combined with, and supported by, other constitutional practices, such as the specific wording of the text and the protection of individual rights. The complex constitution that emerges from his analysis consists of a historical constitution, an ideal constitution of rights, and an ideal constitution of power. Nino's goal is to explain how these three dimensions of constitutionalism can reinforce rather than conflict with each other. In a final chapter, he argues that the deliberative conception of democracy requires a more limited role for judicial review than is usually contemplated.

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.

Assessing the Left Turn in Ecuador

Assessing the Left Turn in Ecuador
Author: Francisco Sánchez
Publisher: Springer Nature
Total Pages: 393
Release: 2019-12-05
Genre: Political Science
ISBN: 3030276252

This book examines the “left turn” in Latin American politics, specifically through the lens of Ecuador and the effects of the Citizens’ Revolution’s actions and public policies on relevant actors and institutions. Through a comprehensive analysis of one country’s turn to the left and the outcomes generated by that process, the authors and editors provide a clearer understanding of the ways in which the popular desire for change (predominant through the region in recent times, as a response to late-twentieth-century neoliberalism) was realized—or not. The particular case of Ecuador further potentiates analysis of the entire region-wide process, considering that the “corrector” cycle is now at an end, and that the economic and international conditions that favored the return of left governments have also changed.

The Legal Foundations of Inequality

The Legal Foundations of Inequality
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.