Due Process Of Law

Author: João Marcos Prado Garcia
Publisher: Clube de Autores
ISBN:
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Desde a introdução do dispositivo que cuida do Devido Processo Legal na Constituição Federal Brasileira de 1988, a doutrina e a jurisprudência brasileira iniciaram uma longa jornada de estudos de Direito comparado, de modo a fixar os limites de sua aplicação em um país com tradição em Direito Romano. Esta monografia busca dar suporte à essa trajetória, iniciando com a análise do desenvolvimento histórico do conceito do devido processo legal na Inglaterra, passando para a análise da forma como o instituto se consolidou nas questões de jurisdição, finalizando com o seu reconhecimento e aplicação nos julgamentos realizados pelas cortes dos Estados Unidos da América. Ao final, é realizado um estudo comparado entre outras Constituições que também contemplam o instituto do devido processo legal, além da transcrição e análise do leading case do Supremo Tribunal Federal Brasileiro sobre a matéria - Impeachment do ex- Pres. Fernando Collor de Melo. Since the introduction of the Due Process of Law clause in the Brazilian Federal Constitution of 1988, the Brazilian doctrine and jurisprudence started what is considered the beginning of a long journey into the comparative law studies in order to establish the boundaries of its application in a Civil Law country. This paper supports such tendency, starting with the historical development of the due process concept in England, as it relates to issues of jurisdiction and the recognition and enforcement of judgments in the United States courts. Last pages provide a comparative study among other Constitutions that also contemplate the due process clause, along with a transcription and analisys of the leading case rendered by the Supreme Court of Brazil upon the matter - Impeachment former-President of Brazil Mr. Fernando Collor de Melo.

The Due Process of Law

Author: Alfred Denning
Publisher: OUP Oxford
ISBN: 0191018554
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Two central themes run through The Due Process of Law. The first is the workings of the various "measures authorised by the law so as to keep the streams of justice pure" - that is to say, contempt of court, judicial inquiries, and powers of arrest and search. The second is the recent development of family law, focusing particularly on Lord Denning's contribution to the law of husband and wife. These broad themes are elaborated through a discussion of Lord Denning's own judgments and opinions on a wide range of topics.

Substantive due process of law

Author: Frank R. Strong
Publisher: Carolina Academic Pr
ISBN:
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The author presents the view that substantive due process, historically, has had very specific meanings. He also discusses the eroding of these original concepts by the Supreme Court.

By Due Process of Law

Author: Ian Loveland
Publisher: Bloomsbury Publishing
ISBN: 1847310834
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The South African case of Harris v. (Donges) Minister of the Interior is one familiar to most students of British constitutional law. The case was triggered by the South African government's attempt in the 1950s to disenfranchise non-white voters on the Cape province. It is still referred to as the case which illustrates that as a matter of constitutional doctrine it is not possible for the United Kingdom Parliament to produce a statute which limits the powers of successive Parliaments. The purpose of this book is twofold. First of all it offers a rather fuller picture of the story lying behind the Harris litigation,and the process of British acquisition of and dis-engagement from the government of its 'white' colonies in southern Africa as well as the ensuing emergence and consolidation of apartheid as a system of political and social organisation. Secondly the book attempts to use the South African experience to address broader contemporary British concerns about the nature of our Constitution and the role of the courts and legislature in making the Constitution work. In pursuing this second aim, the author has sought to create a counterweight to the traditional marginalistion of constitutional law and theory within the British polity. The Harris saga conveys better than any episode of British political history the enormous significance of the choices a country makes (or fails to make) when it embarks upon the task of creating or revising its constitutional arrangements. This, then, is a searching re-examination of the fundamentals of constitution-making, written in the light of the British government's commitment to promoting wholesale constitutional reform.

Due Process in Nigeria s Administrative Law System

Author: Oneyebuchi T. Uwakah
Publisher: University Press of America
ISBN: 9780761807643
Format: PDF, Kindle
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This book, which relies on primary and secondary printed sources and a series of interviews with affected persons, lawyers, judges, and customary court presidents in Nigeria, focuses on the place of due process in the Nigerian legal system. Uwakah is concerned about the abuse of this important fundamental right in his country. The purpose of the book is to examine how due process operates in Nigeria and whether the coexistence of the customary law, the English common law, the Moslem law, and the martial law systems in Nigeria hinders or enhances due process in the country. Finally, the study investigates the suitability of the British version of due process to Nigeria, since the concept is imported to the country. The book concludes that the British version of due process is unsuitable to Nigeria because the country's political, economic, social, and religious backgrounds substantially differ from those of Britain. This conclusion is premised on the consensus of the interviewees. Uwakah recommends the country's immediate transition from military to civilian rule.

The Fifth Amendment

Author: Corona Brezina
Publisher: The Rosen Publishing Group
ISBN: 1448823269
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This book is an introduction to the Fifth Amendment which empowers the people as it guarantees valuable protections on a daily basis within the justice system.

New York s Poop Scoop Law

Author: Michael Brandow
Publisher: Purdue University Press
ISBN: 9781557534927
Format: PDF, Kindle
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The story of how New York City adopted laws to force pet owners to clean up after their pets. Michael Brandow shows how a combination of science and politics, fact and fear, altruism and self-interest led to the adoption and enforcement of legislation that became a shining - and perhaps surprising - success.

Due Process of Law Beyond the State

Author: Giacinto della Cananea
Publisher: Oxford University Press
ISBN: 0191092614
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Traditionally the issues concerning the exercise of administrative powers by public authorities were considered a type of national enclave. It was the responsibility of the state to ensure that adequate procedural safeguards were in place to prevent the government from interfering with the rights of its citizens. During the last few decades, however, a variety of sets of rules regarding procedural due process has developed to govern the conduct of those public authorities who operate on a regional or world regulatory footing, such as the European Union and the World Trade Organization. Analysing the procedural due process requirements applicable to administrative procedure beyond the borders of the States, this volume demonstrates how regional and global regulatory regimes impose requirements that are strikingly similar to those set out by the most developed legal systems of the world. The book argues that such requirements of administrative procedure are justified not only by the traditional concerns for the protection of individual interests against the misuse of power by public authorities, but also by other values, such as good governance and cooperation between public authorities. Finally, the book conceptualizes such rules as legal requirements which arbitral tribunals and other agencies should respect when interpreting standards of justice.

The Immigration Battle in American Courts

Author: Anna O. Law
Publisher: Cambridge University Press
ISBN: 113948916X
Format: PDF
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This book assesses the role of the federal judiciary in immigration and the institutional evolution of the Supreme Court and the US Courts of Appeals. Neither court has played a static role across time. By the turn of the century, a division of labor had developed between the two courts whereby the Courts of Appeals retained their original function as error-correction courts, while the Supreme Court was reserved for the most important policy and political questions. Law explores the consequences of this division for immigrant litigants, who are more likely to prevail in the Courts of Appeals because of advantageous institutional incentives that increase the likelihood of a favorable outcome. As this book proves, it is inaccurate to speak of an undifferentiated institution called 'the federal courts' or 'the courts', for such characterizations elide important differences in mission and function of the two highest courts in the federal judicial hierarchy.