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La Constitucion de 1993 fue redactada por el Congreso Constituyente Democratico tras el autogolpe y la subsecuente crisis constitucional de 1992. Fue aprobada mediante el referendum de 1993, durante el gobierno de Alberto Fujimori, aunque los resultados han sido discutidos por algunos sectores, es actualmente la base del sistema juridico del pais.
While every constitution includes a provision over the right to equal protection of the laws, perhaps with different terminology, this book interprets this right in a new way. Theories of the right to equal protection of the laws as the right to anti-subordination are the most influential theories on the theory suggested by Drymiotou. Elena Drymiotou suggests understanding the right to equal protection of the laws in terms of belonging. She goes on to identify certain criteria and she offers a general theory of the Right to Democratic Belonging. This book uses political theory, constitutional provisions and case law to suggest this new theory of the right to equal protection of the laws; the theory of the Right to Equal Belonging in a Democratic Society or in other words, the Right to Democratic Belonging. Human Rights and Equal Belonging in a Democratic Society is the starting point of a more comprehensive theory of the right to democratic belonging. It will be of interest both to students at an advanced level, academics and reflective practitioners. It addresses the topics with regard to human rights and equality and will be of interest to researchers, academics, policymakers and students in the fields of human rights law, constitutional law and legal theory.
La Constitucion de los Estados Unidos fue redactada en la Convencion Constitucional en Filadelfia en 1787, firmada el 17 de septiembre de 1787 y ratificada por el numero requerido de estados (nueve) el 21 de junio de 1788. Sustituyo los Articulos de la Confederacion, los estatutos originales de los Estados Unidos que estaban vigentes desde 1781.
During the past two years, the Congress has considered proposals to modify the nation's immigration system. The Border Security, Economic Opportunity, and Immigration Modernization Act, passed by the Senate in June 2013, addresses multiple facets of immigration policy, including changes to the existing visa system, improvements in border security and law enforcement, and changes to the status of people who currently live in the country without legal authorisation. Other proposals have focused on one component of immigration policy -- for example, improving border security or changing certain aspects of the visa system. Whether the proposals involve broad or narrow changes to immigration policy, they could have a variety of consequences for both citizens and non-citizens, for the federal government, and for state and local governments. This book examines some of those proposals and how such changes would affect the federal budget.
A democratic society is grounded on the informed participation of the citizenry, which in turn requires access to Government information. If officials are to be accountable for their actions and decisions, secrecy must be kept to the minimum necessary to meet legitimate national security considerations. An open documentary record of official decisions is essential to educate and inform the public and enable it to assess the policies of its elected leaders. While agencies need to modernise and improve overall records management performance, classified records pertaining to our nation's security demand particular attention. Current practices for handling classification, declassification, and management of these records are outmoded, unsustainable, and keep too much information from the public. This book takes a look at transforming the security classification system and improving declassification efforts across government agencies.
Robert L. Tsai offers a stirring account of how legal ideas that aren't necessarily about equality have often been used to overcome resistance to justice and remain vital today. From the oppression of emancipated slaves after the Civil War, to the internment of Japanese Americans during World War II, to President Trump's ban on Muslim travelers, Tsai applies lessons from past struggles to pressing contemporary issues.
Since America's founding, the U.S. Supreme Court had issued a vast number of decisions on a staggeringly wide variety of subjects. And hundreds of judges have occupied the bench. Yet as Cass R. Sunstein, the eminent legal scholar and bestselling co-author of Nudge, points out, almost every one of the Justices fits into a very small number of types regardless of ideology: the hero, the soldier, the minimalist, and the mute. Heroes are willing to invoke the Constitution to invalidate state laws, federal legislation, and prior Court decisions. They loudly embrace first principles and are prone to flair, employing dramatic language to fundamentally reshape the law. Soldiers, on the other hand, are skeptical of judicial power, and typically defer to decisions made by the political branches. Minimalists favor small steps and only incremental change. They worry that bold reversals of long-established traditions may be counterproductive, producing a backlash that only leads to another reversal. Mutes would rather say nothing at all about the big constitutional issues, and instead tend to decide cases on narrow grounds or keep controversial cases out of the Court altogether by denying standing. As Sunstein shows, many of the most important constitutional debates are in fact contests between the four Personae. Whether the issue involves slavery, gender equality, same-sex marriage, executive power, surveillance, or freedom of speech, debates have turned on choices made among the four Personae-choices that derive as much from psychology as constitutional theory. Sunstein himself defends a form of minimalism, arguing that it is the best approach in a self-governing society of free people. More broadly, he casts a genuinely novel light on longstanding disputes over the proper way to interpret the constitution, demonstrating that behind virtually every decision and beneath all of the abstract theory lurk the four Personae. By emphasizing the centrality of character types, Sunstein forces us to rethink everything we know about how the Supreme Court works.
Once largely ignored, judicial elections in the states have become increasingly controversial over the past two decades. Legal organizations, prominent law professors, and a retired Supreme Court justice have advocated the elimination of elections as a means to choose judges. One of their primary concerns is interest group involvement in elections to state supreme courts, which they see as having negative effects on both the courts themselves and public perceptions of these judicial bodies. In The Battle for the Court, Lawrence Baum, David Klein, and Matthew Streb present a systematic investigation into the effects of interest group involvement in the election of judges. Focusing on personal-injury law, the issue that has played the most substantial role in spurring interest group activity in judicial elections, the authors detail how interest groups mobilize in response to unfavorable rulings by state supreme courts, how their efforts influence the outcomes of supreme court elections, and how those outcomes in turn effectively reshape public policies. The authors employ several decades' worth of new data on campaign activity, voter behavior, and judicial policy-making in one particularly colorful, important, and representative state-Ohio-to explore these connections among interest groups, elections, and judicial policy in a way that has not been possible until now.
The Alaska State Constitution, ratified by the people in 1956, became operative with the proclamation of statehood on January 3, 1959. The constitution was drafted by fifty-five delegates who convened at the University of Alaska to determine the authority vested in the state legislature, executive, judiciary, and other functions of government. This conveniently sized new edition will make the Alaska State Constitution accessible to all.
Americans tend to believe in government that is transparent and accountable. Those who govern us work for us, and therefore they must also answer to us. But how do we reconcile calls for greater accountability with the competing need for secrecy, especially in matters of national security? Those two imperatives are usually taken to be antithetical, but Heidi Kitrosser argues convincingly that this is not the case--and that our concern ought to lie not with secrecy, but with the sort of unchecked secrecy that can result from "presidentialism," or constitutional arguments for broad executive control of information. In Reclaiming Accountability, Kitrosser traces presidentialism from its start as part of a decades-old legal movement through its appearance during the Bush and Obama administrations, demonstrating its effects on secrecy throughout. Taking readers through the key presidentialist arguments--including "supremacy" and "unitary executive theory"--she explains how these arguments misread the Constitution in a way that is profoundly at odds with democratic principles. Kitrosser's own reading offers a powerful corrective, showing how the Constitution provides myriad tools, including the power of Congress and the courts to enforce checks on presidential power, through which we could reclaim government accountability.
Now available in paperback! Since the first edition of Theory and Practice of the European Convention on Human Rights forty years ago, this book has become the reference in the field of human rights in Europe. It provides a systematic and comprehensive overview of the functioning of the European Convention for the Protection of Human Rights and Fundamental Freedoms and its application by the European Court of Human Rights. With Montenegro joining the Council of Europe in 2007, there are now 47 Parties to the Convention and Protocol No. 14 entering into force on 1 June 2010, the protection of human rights in Europe and the case law of the Court have seen a dynamic development during the last decade. A completely new - fifth - edition of Theory and Practice of the European Convention on Human Rights was thus very much needed. Particularly since Protocol 14 amended the control system of the Convention. The result is a very accessible, easy-to-use and up-to-date reference book, which provides an essential source of information for the practitioners, theorists and students in the field of human rights.
The Euro-Crisis and the legal and institutional responses to it have had important constitutional implications on the architecture of the European Union (EU). Going beyond the existing literature, Federico Fabbrini's book takes a broad look and examines how the crisis and its aftermath have changed relations of power in the EU, disaggregating three different dimensions: (1) the vertical relations of power between the member states and the EU institutions, (2) the relations of power between the political branches and the courts, and (3) the horizontal relations of power between the EU member states themselves. The first part of the book argues that, in the aftermath of the Euro-crisis, power has been shifting along each of these axes in paradoxical ways. In particular, through a comparison of the United States, Fabbrini reveals that the EU is nowadays characterized by a high degree of centralization in budgetary affairs, an unprecedented level of judicialization of economic questions, and a growing imbalance between the member states in the governance of fiscal matters. As the book makes clear, however, each of these dynamics is a cause for concern - as it calls into question important constitutional values for the EU, such as the autonomy of the member states in taking decision about taxing and spending, the preeminence of the political process in settling economic matters, and the balance between state power and state equality. The second part of the book, therefore, devises possible options for future legal and institutional developments in the EU which may revert these paradoxical trends. In particular, Fabbrini considers the ideas of raising a fiscal capacitiy, restoring the centrality of the EU legislative process, and reforming the EU executive power, and discusses the challenges that accompany any further step towards a deeper Economic and Monetary Union.
One of the ongoing controversies related to the Affordable Care Act (ACA) has been the scope of exemption from certain health care coverage requirements, including the contraceptive coverage requirement. Though closely divided, the U.S. Supreme Court's 5-4 decision in Burwell v. Hobby Lobby Stores, Inc. has settled the question of whether certain for-profit corporations must be exempt from the requirement, unless Congress chooses to amend the statute providing those corporations legal protection. This book analyses the Court's opinions in Hobby Lobby, examining the rights of closely held corporations under the Religious Freedom Restoration Act. It also addresses the implications for the contraceptive coverage mandate under ACA and discusses potential legislative responses to the Court's decision. Finally, it analyses the impact that Hobby Lobby may have in other contexts in which employers may claim religious objections.
The Voting Rights Act (VRA) is a landmark federal law enacted in 1965 to remove race-based restrictions on voting. It is perhaps the country's most important voting rights law, with a history that dates to the Civil War. After that conflict ended, a number of constitutional amendments were adopted that addressed the particular circumstances of freed slaves, including the Fifteenth Amendment that guaranteed the right to vote for all U.S. citizens regardless of "race, color, or previous condition of servitude." This book provides background information on the historical circumstances that led to the adoption of the VRA, a summary of its major provisions, and a brief discussion of the U.S. Supreme Court decision and related legislation in the 113th Congress.
This book is a compilation of CRS reports on defense policies. Some topics discussed herein include the United States Special Operations Command, US withdrawals from treaties and other international agreements, artificial intelligence development and the North Atlantic Treaty Organization.
The distinction between in-house and ex-house providing is fundamental and is well known in practice and theory. It is of utmost importance, as the consequence of the categorization of an arrangement as "in-house" is, that it falls outside of the scope of the EC public procurement rules. However, for various reasons, it is often very difficult to establish whether an arrangement is in-house or not. The case law from the European Court of Justice on this subject is highly complex, whereas the case law at national level is sparse. Furthermore, the legal literature both at national and international levels has been relatively limited. This book deals with in-house in a broader perspective and looks into the interpretation, implementation, and practice at the national level in a range of Member States. This book is the first in the new European Procurement Law series, which will contribute to a strengthened dialogue between the various legal cultures in the field of procurement.
Every liberal democracy has laws or codes against hate speech except the United States. For constitutionalists, regulation of hate speech violates the First Amendment and damages a free society. Against this absolutist view, Jeremy Waldron argues powerfully that hate speech should be regulated as part of our commitment to human dignity and to inclusion and respect for members of vulnerable minorities.
Causing offense by depicting a religious leader as a terrorist in a newspaper cartoon, for example is not the same as launching a libelous attack on a group s dignity, according to Waldron, and it lies outside the reach of law. But defamation of a minority group, through hate speech, undermines a public good that can and should be protected: the basic assurance of inclusion in society for all members. A social environment polluted by anti-gay leaflets, Nazi banners, and burning crosses sends an implicit message to the targets of such hatred: your security is uncertain and you can expect to face humiliation and discrimination when you leave your home.
Free-speech advocates boast of despising what racists say but defending to the death their right to say it. Waldron finds this emphasis on intellectual resilience misguided and points instead to the threat hate speech poses to the lives, dignity, and reputations of minority members. Finding support for his view among philosophers of the Enlightenment, Waldron asks us to move beyond knee-jerk American exceptionalism in our debates over the serious consequences of hateful speech."
Pursuing Citizenship in the Enforcement Era provides readers with the everyday perspectives of immigrants on what it is like to try to integrate into American society during a time when immigration policy is focused on enforcement and exclusion. The law says that everyone who is not a citizen is an alien. But the social reality is more complicated. Ming Hsu Chen argues that the citizen/alien binary should instead be reframed as a spectrum of citizenship, a concept that emphasizes continuities between the otherwise distinct experiences of membership and belonging for immigrants seeking to become citizens. To understand citizenship from the perspective of noncitizens, this book utilizes interviews with more than one-hundred immigrants of varying legal statuses about their attempts to integrate economically, socially, politically, and legally during a modern era of intense immigration enforcement. Studying the experiences of green card holders, refugees, military service members, temporary workers, international students, and undocumented immigrants uncovers the common plight that underlies their distinctions: limited legal status breeds a sense of citizenship insecurity for all immigrants that inhibits their full integration into society. Bringing together theories of citizenship with empirical data on integration and analysis of contemporary policy, Chen builds a case that formal citizenship status matters more than ever during times of enforcement and argues for constructing pathways to citizenship that enhance both formal and substantive equality of immigrants.
The Second Amendment, by far the most controversial amendment to the US Constitution, will soon celebrate its 225th anniversary. Yet, despite the amount of ink spilled over this controversy, the debate continues on into the 21st century. Initially written with a view towards protecting the nascent nation from more powerful enemies and preventing the tyranny experienced during the final years of British rule, the Second Amendment has since become central to discussions about the balance between security and freedom. It features in election contests and informs cultural discussions about race and gender. This book seeks to broaden the discussion. It situates discussion about gun controls within contemporary debates about citizenship, culture, philosophy and foreign policy as well as in the more familiar terrain of politics and history. It features experts on the Constitution as well as chapters discussing the symbolic importance of Annie Oakley, the role of firearms in race, and filmic representations of armed Hispanic girl gangs. It asks about the morality of gun controls and of not imposing them. The collection presents a balanced view between those who favour more gun controls and those who would prefer fewer of them. It is infused with the belief that through honest and open debate the often bitter cultural divide on the Second Amendment can be overcome and real progress made. It contains a diverse range of perspectives including, uniquely, a European perspective on this most American of issues.
Although human rights belong to all persons on the basis of their humanity, this book demonstrates that in the practice of international human rights law, the freedom to be non-religious or atheist does not receive the same protection as the freedom to be religious. Despite the claimed universality of freedom of religion and belief contained in article 18 of the International Covenant on Civil and Political Rights, the key assertion made is that there is a hierarchy of religion and belief, with followers of major established religions enjoying high protection and low regulation at the top, and atheists and non-believers enduring high persecution and weaker protection at the bottom. The existence of this hierarchy is proven and critiqued through three case study chapters that respectively explore the extent to which non-religious and atheist rights-holders enjoy freedom from proselytism, freedom from hate and freedom from the religions of their parents.
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