The Latin American Casebook

Author: Juan F. Gonzalez-Bertomeu
Publisher: Routledge
ISBN: 1317026195
Format: PDF, Mobi
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Traditionally relegated because of political pressure and public expectations, courts in Latin America are increasingly asserting a stronger role in public and political discussions. This casebook takes account of this phenomenon, by offering a rigorous and up-to-date discussion of constitutional adjudication in Latin America in recent decades. Bringing to the forefront the development of constitutional law by Latin American courts in various subject matters, the volume aims to highlight a host of creative arguments and solutions that judges in the region have offered. The authors review and discuss innovative case law in light of the countries’ social, political and legal context. Each chapter is devoted to a discussion of a particular area of judicial review, from freedom of expression to social and economic rights, from the internalization of human rights law to judicial checks on the economy, from gender and reproductive rights to transitional justice. The book thus provides a very useful tool to scholars, students and litigants alike.

Transitional Justice in Latin America

Author: Elin Skaar
Publisher: Routledge
ISBN: 1317526201
Format: PDF, Kindle
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This book addresses current developments in transitional justice in Latin America – effectively the first region to undergo concentrated transitional justice experiences in modern times. Using a comparative approach, it examines trajectories in truth, justice, reparations, and amnesties in countries emerging from periods of massive violations of human rights and humanitarian law. The book examines the cases of Argentina, Brazil, Chile, Colombia, Guatemala, El Salvador, Paraguay, Peru and Uruguay, developing and applying a common analytical framework to provide a systematic, qualitative and comparative analysis of their transitional justice experiences. More specifically, the book investigates to what extent there has been a shift from impunity towards accountability for past human rights violations in Latin America. Using ‘thick’, but structured, narratives – which allow patterns to emerge, rather than being imposed – the book assesses how the quality, timing and sequencing of transitional justice mechanisms, along with the context in which they appear, have mattered for the nature and impact of transitional justice processes in the region. Offering a new approach to assessing transitional justice, and challenging many assumptions in the established literature, this book will be of enormous benefit to scholars and others working in this area.

Comparative Constitutional Law in Latin America

Author: Rosalind Dixon
Publisher: Edward Elgar Publishing
ISBN: 1785369210
Format: PDF, Docs
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This book provides unique insights into the practice of democratic constitutionalism in one of the world’s most legally and politically significant regions. It combines contributions from leading Latin American and global scholars to provide ‘bottom up’ and ‘top down’ insights about the lessons to be drawn from the distinctive constitutional experiences of countries in Latin America. In doing so, it also draws on a rich array of legal and interdisciplinary perspectives. Ultimately, it shows both the promise of democratic constitutions as a vehicle for social, economic and political change, and the variation in the actual constitutional experiences of different countries on the ground – or the limits to constitutions as a locus for broader social change.

The National versus the Foreigner in South America

Author: Diego Acosta
Publisher: Cambridge University Press
ISBN: 1108576036
Format: PDF, ePub, Mobi
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Since the turn of the century, South American governments and regional organisations have adopted the world's most open discourse on migration and citizenship. At a time when restrictive choices were becoming increasingly predominant around the world, South American policymakers presented their discourse as being both an innovative and exceptional 'new paradigm' and part of a morally superior, avant-garde path in policymaking. This book provides a critical examination of the South American legal framework through a historical and comparative analysis. Diego Acosta uses this analysis to assess whether the laws are truly innovative and exceptional, as well as evaluating their feasibility, strengths and weaknesses. By analysing the legal construction of the national and the foreigner in ten South American countries during the last two centuries, he demonstrates how different citizenship and migration laws have functioned, as well as showing why states have opted for certain regulation choices, and the consequence of these choices for state- and nation-building in the continent. An invaluable insight for anyone interested in global migration and citizenship discussions.

A History of the Supreme Court

Author: Bernard Schwartz
Publisher: Oxford University Press
ISBN: 9780195093872
Format: PDF, ePub, Mobi
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A comprehensive history of the United States Supreme Court from its ill-esteemed beginning in 1790 to one of the most important and controversial branches of the Federal government.

The Dynamic Constitution

Author: Richard H. Fallon
Publisher: Cambridge University Press
ISBN: 9780521600781
Format: PDF, ePub, Docs
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Furnishes a fundamental introduction to American constitutional law for non-lawyers, covering such topics as the freedom of speech and the guarantee of equal protection, as well as the cases and personalities that have shaped constitutional law.

Constitutional Law

Author: William Cohen
Publisher: West Publishing Company
ISBN:
Format: PDF, ePub, Mobi
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Constitutional Law: Civil Liberty & Individual Rights focuses on freedom, privacy, equality & the right to vote. It emphasizes history & the interrelation of law, policy & theory. The Fourth Edition expands coverage of the decision-making process & the impact of Supreme Court decisions. The book contains approximately 100 principal cases & notes that discuss more than 200 additional cases. It provides brief biographies of many members of the Supreme Court, & draws on the private papers of more than a dozen chief justices & justices.

Constitutional Rights

Author: Randy E. Barnett
Publisher: Wolters Kluwer Law & Business
ISBN: 1454892900
Format: PDF, ePub, Mobi
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Constitutional Rights: Cases in Context, Second Edition places primary emphasis on how constitutional law has developed since the Founding, its key foundational principles, and recurring debates. By providing both cases and context, it conveys the competing narratives that all lawyers ought to know and all constitutional practitioners need to know. Teachable, manageable, class-sized chunks of material are suited to one-semester courses or reduced credit configurations. Generous case excerpts make the text flexible for most courses. Cases are judiciously supplemented with background readings from various sources. Innovative study guide questions presented before each case help students focus on the salient issues, challenging them to consider the court’s opinions from various perspectives, and suggesting comparisons or connections with other cases. Key Benefits: Revised doctrinal areas with newer cases. Updated background contextual material to reflect current scholarship. A highly accessible and engaging structure that examines the competing narratives that pervade the development of American constitutional law since the founding. Related cases are grouped together into “assignments” and make for a reasonable amount of reading for each topic. A wealth of photographs, maps, and primary documents to bring the cases to life.

The Warren Court and the Pursuit of Justice

Author: Morton J. Horwitz
Publisher: Macmillan
ISBN: 9780809016259
Format: PDF, ePub, Mobi
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The Hill and Wang Critical Issues Series: concise, affordable works on pivotal topics in American history, society, and politics. The men who made up the Supreme Court when Earl Warren was Chief Justice (1953-69) changed America forever, and their decisions are still affecting constitutional law today. This overview of the Warren Court focuses on its landmark cases and enduring legacy.

The Case Against the Supreme Court

Author: Erwin Chemerinsky
Publisher: Penguin Books
ISBN: 0143128000
Format: PDF, Mobi
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Both historically and in the present, the Supreme Court has largely been a failure In this devastating book, Erwin Chemerinsky—“one of the shining lights of legal academia” (The New York Times)—shows how, case by case, for over two centuries, the hallowed Court has been far more likely to uphold government abuses of power than to stop them. Drawing on a wealth of rulings, some famous, others little known, he reviews the Supreme Court's historic failures in key areas, including the refusal to protect minorities, the upholding of gender discrimination, and the neglect of the Constitution in times of crisis, from World War I through 9/11. No one is better suited to make this case than Chemerinsky. He has studied, taught, and practiced constitutional law for thirty years and has argued before the Supreme Court. With passion and eloquence, Chemerinsky advocates reforms that could make the system work better, and he challenges us to think more critically about the nature of the Court and the fallible men and women who sit on it.