Together with the expansive process of human rights constitutional declarations, in addition to the writ of habeas corpus and of habeas data, Latin American constitutions created a specific judicial remedy for the protection of constitutional rights, known as the suit, action, recourse, or writ of amparo. After spreading throughout Latin America, it was incorporated in the American Convention of Human Rights. It is similar to the 'injunctions' and the other equitable remedies of the United States legal system. This book examines, with a comparative constitutional law approach, trends in the constitutional and legal regulations in all Latin American countries regarding the amparo proceeding. It is an abridged version of the course of lectures the author gave at the Columbia Law School analyzing the regulations of the seventeen amparo statutes in force in Latin America, as well as the regulation on the amparo guarantee established in Article 25 of the American Convention on Human Rights.

This book examines the process of dismantling the democratic institutions and protections in Venezuela under the Hugo Chavez regime. The actions of the Chavez government have influenced similar processes and undemocratic manoeuvrings in Ecuador, Bolivia, and Honduras. Since the election of Hugo Chavez as president of Venezuela in 1998, a sinister form of nationalistic authoritarianism has arisen at the expense of long-established democratic standards. During the past decade, the 1999 Venezuelan Constitution has been systematically attacked by all branches of the Chavez government, particularly by the Supreme Tribunal of Justice, which has legitimized the Chavez-ordered constitutional violations. The Chavez regime has purposely defrauded the Constitution and severely restricted representative government, all in the name of a supposedly participatory democracy controlled by a popularly supported central government. This volume illustrates how an authoritarian, nondemocratic government has been established in Venezuela.

This book examines the process of dismantling the democratic institutions and protections in Venezuela under the Hugo Chavez regime. The actions of the Chavez government have influenced similar processes and undemocratic maneuverings in Ecuador, Bolivia, and Honduras. Since the election of Hugo Chavez as president of Venezuela in 1998, a sinister form of nationalistic authoritarianism has arisen at the expense of long-established democratic standards. During the past decade, the 1999 Venezuelan Constitution has been systematically attacked by all branches of the Chavez government, particularly by the Supreme Tribunal of Justice, which has legitimized the Chavez-ordered constitutional violations. The Chavez regime has purposely defrauded the Constitution and severely restricted representative government, all in the name of a supposedly participatory democracy controlled by a popularly supported central government. This volume illustrates how an authoritarian, nondemocratic government has been established in Venezuela a government lacking all the essential elements of a true democracy as defined by the 2001 Inter-American Democratic Charter.

During the past decade the role of constitutional courts has dramatically changed. Today, constitutional courts condition their decisions with the presumption of constitutionality of statutes, opting to interpret them according to or in harmony with the Constitution in order to preserve them, instead of deciding their annulment or declaring them unconstitutional. More frequently, constitutional courts, instead of dealing with existing legislation, assume the role of assistants or auxiliaries to the legislator, creating provisions they deduct from the Constitution when controlling the absence of legislation or legislative omissions. In some cases they act as 'positive legislators', issuing temporary or provisional rules to be applied pending the enactment of legislation. This book analyzes this new role of the constitutional courts, conditioned by the principles of progressiveness and of prevalence of human rights, particularly regarding the important rediscovery of the right to equality and non-discrimination.

Together with the expansive process of human rights constitutional declarations, in addition to the writ of habeas corpus and of habeas data, Latin American constitutions created a specific judicial remedy for the protection of constitutional rights, known as the suit, action, recourse, or writ of amparo. After spreading throughout Latin America, it was incorporated in the American Convention of Human Rights. It is similar to the "injunctions" and the other equitable remedies of the United States legal system. This book examines, with a comparative constitutional law approach, the most recent trends in the constitutional and legal regulations in all Latin American countries regarding the amparo proceeding. It is an up-to-date abridged version of the course of lectures the author gave at the Columbia Law School analyzing the regulations of the seventeen amparo statutes in force in Latin America, as well as the regulation on the amparo guarantee established in Article 25 of the American Convention of Human Rights.

This book deals with Judicial Review, as the power of judges to control the constitutionality of State acts, particularly of Legislation, which not only is the most important subject of contemporary constitutional law, but also the most distinctive feature of all democratic constitutional systems. Such power is the consequence of the consolidation in contemporary constitutionalism of three fundamental principles of law: first, the existence of a written constitution or of a fundamental law, conceived as a superior law with clear supremacy over all other statutes; second, the "rigid" character of such constitution, which implies that the amendments or reforms that may be introduced can only be put into practice by means of a particular and special constituent process, preventing the ordinary legislator from doing so; and third, the establishment in that same written and rigid constitution or fundamental law, of the judicial means for guaranteeing its supremacy, over all other state acts, including legislative acts. According to such principles, consequently, in democratic systems subjected to the rule of law, the judges can have the power to refuse to enforce a statute when they deem it to be contrary to the Constitution, considering it null or void with inter partes effects, through what is known as the "American model" or the diffuse system of judicial review; or one particular Constitutional Court or the Supreme Court of the country can be empowered to annul laws considered unconstitutional, with erga omnes effects, through what is known as the " European model" or concentrated system of judicial review; with the possibility for both system to coexist, through what is known as the " Latin American model" or the mixed system of judicial review. These systems are analyzed in this book from a comparative constitutional law perspective, a matter that professor Brewer-Carias has been studying for the past decades, and on which he has extensively published in books and articles, in Spanish, French and English. But in addition, he has written many works and essays in English, that have not been published up to now, in particular for the preparation of Courses and Lectures he has given as was the case of the Course of Lectures on "Judicial Review in Comparative Law," he gave in the LL.M. Course at the Faculty of Law, University of Cambridge, UK., in 1985-1986; and the Lectures he gave on "Judicial Protection of Human Rights in Latin America. A Comparative Constitutional Law Study on the Latin American Injunction for the protection of Constitutional Rights ("Amparo proceeding")," at Columbia Law School in the City of New York, in 2006-2008. The original versions of these Lectures are published in this book, altogether with many other Papers, Reports and Lectures he has given in the past years in various Universities in the United States, analyzing from a comparative constitutional Law perspective, the systems of judicial review in the world, and in particular, in Latin America. The decision to publish this book with the recollection of the original versions of all those works, as the author has pointed out, has the purpose to assure that all those materials won't be lost, and could be useful for all those who have interest in these matters; being what they are: the written work of a law professor, made as a consequence of his research for the preparation of his lectures, not pretending to be anything else.

This book is a collection of all the Essays of Professor Allan R. Brewer-Carias on the Venezuelan Authoritarian Government and the Demolition of the Rule of Law, written during the past fourteen years (1999-2014), in which he has analyzed not only the most important aspects of Venezuelan constitutional law provisions according to the 1999 Constitution, but also how the authoritarian government installed in the country since its enactment, has ruled it against the rule of the Constitution, subverting the democratic regime from within by using its own institutions and tools. The process began with the convening of a Constituent Assembly in 1999 against the provisions of the then in force 1961 Constitution, seeking to supposedly impose people's sovereignty over the principle of constitutional supremacy. What resulted was the intervention and takeover of all branches of government, being the Constituent Assembly the main tool used for assaulting the State's powers, imposing in the country an authoritarian, centralistic and militaristic government, eliminating, any sort of check and balance framework, subjecting the Judiciary to strict political control, and consequently, dismantling the rule of law. In addition, the Constituent Assembly assured that the main provisions of the new Constitution, particularly on the decentralized form of government, the principle of separation of powers, the independence of the judiciary and the representative democratic government, were to be suspended in their effective enforcement due to an endless transitional constitutional regime it imposed. It was the same "formula" of convening Constituent Assemblies departing from the Constitution then in force, that a few years later was also applied in Ecuador (2007), and ten years later was tried to be imposed in Honduras (2009), in a failed presidential attempt that in that case the Supreme Court declared unconstitutional. The idea, in any case, continues to be a recurrent one that in many countries has been proposed. The consequence of that process in Venezuela has been that since the election of the late President Hugo Chavez Frias in December 1998, whose only electoral program and proposal was to convene a Constituent Assembly, the country, formerly envied because of its democratic tradition and accomplishment during the second half of the 20th century, suffered a tragic setback regarding democratic standards, experiencing a continuous, persistent and deliberated institution demolishing process and destruction of democracy, never before occurred in the constitutional history of the country. At his death, and after fourteen years in power, the main political legacy of Chavez was no other than a country lacking the most essential elements of democracy as they are defined in the Inter American Democratic Charter, namely the assurance of the access to power and its exercise subject to the rule of law; the performing of periodic, free and fair elections based on universal and secret vote as an expression of the sovereignty of the people; the plural regime of political parties and organizations; the separation and independence of all branches of government, and the respect for human rights and fundamental freedoms. All this process is analyzed in this book, for which purpose the original text of the thirty Essays it contains, written and many of them published in different moments and occasions during the past years, has been preserved, so despite the repetition of some ideas and references, they remain as a testimony of the ideas expressed at the time when they were written, and on the course of the different events that led to the complete destruction of the constitutional rule and of the democratic principle in the country."

Administrative Law has been a subject on which Professor Allan R. Brewer-Carias has been working, writing and publishing during the past fifty years, since his first book published in Caracas in 1964, on "The Fundamental Institutions of Administrative Law and the Venezuelan Jurisprudence" (Las Instituciones Fundamentales del Derecho Administrativo y la Jurisprudencia Venezolana, Universidad Central de Venezuela, Caracas 1964). Since then, he has published many books and articles treating matters of Administrative Law mainly is Spanish, being this his first book in English on the subject. Since 2005, after fixing his permanent residence in New York and after accomplishing his work as Adjunct Professor of Law at Columbia Law School where he thought a Seminar on "Constitutional Protection of Human Rights in Latin America," he has acted a Lawyer and Legal Counsel giving legal opinions on Venezuelan administrative Law, being this book the result of all his research for such purpose. Consequently, the reader will find in this volume a very useful analysis of administrative law in Venezuela, providing information on the country's sources of administrative law, the organization of Public Administration, the administrative action accomplished by its different organs and entities in the national (federal), state and municipal levels of government; the administrative procedures principles and the scope of the principle of legality applicable to administrative action; the use and enactment of administrative acts in order for the Administration to decide on particular matters, and the use of administrative contracts in order to associate private persons and institution to Public Administration and public activities. Thorough coverage by a local expert this book fully describes the principal issues regarding judicial review of administrative action, in order to annul illegal administrative act and to assure the respect for the rule of law. In addition, the volume provides specific information regarding important issues of administrative law concerning the regime on restrictions of economic freedom and of property rights, with special emphasis on the constitutional means the State can use for its reservation of economic areas (nationalization) and for expropriation of private property; the regime of environment protection and land use, with particular emphasis on matters regarding the oil and mining industries; the regime of the protection and promotion of investments, with specific discussion on the consent for arbitration in public matters; and the regime referred to the legal status of individuals, citizens and aliens. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practicing and academic jurists. Lawyers representing parties, with interests in Venezuela will welcome this guide, and academics and researchers will appreciate its value in the study of comparative administrative law.