Estado Y Cultura: Introducciin a Los Presupuestos De La Construcciin Constitucional Latinoamericana Del Estado De Derecho (State and Culture: Introduction to Construction Budgets Constitutional Law Latin American of the Rule of Law)

2012 ◽  
Author(s):  
dgar Hernnn Fuentes Contreras
Keyword(s):  
Latin American ◽  
Rule Of Law ◽  
Constitutional Law ◽  
The Rule Of Law

scholarly journals Methods, principles and presumptions of constitutional and conflict diagnostics

2021 ◽  
Vol 7 (2) ◽  
pp. 34-41
Author(s):  
I. A. Tretyak
Keyword(s):  
Law Enforcement ◽  
Causal Relationship ◽  
Statistical Methods ◽  
Rule Of Law ◽  
Systematic Study ◽  
Constitutional Law ◽  
Formal Logic ◽  
The Rule Of Law ◽  
Legal Principles ◽  
Legal Method

The article examines the main elements of constitutional and conflict diagnostics, which is a system of consistently applied methods, legal principles and presumptions, aimed at obtaining information about the causes, content, consequences and methods of preventing and resolving a constitutional conflict. Constitutional and conflict diagnostics is theoretically justified by the author as a new method of the science of constitutional law, which allows lawyers to study constitutional conflicts and constitutional norms of the conflictological type. The use of constitutional and conflict diagnostics will allow to establish and investigate the causal relationship between the formation of law, its normative expression and subsequent law enforcement, which will reflect the constitutional conflict. The author believes that the following methods are used in the course of diagnosing a constitutional conflict: dialectical, systematic, historical, statistical, methods of formal logic, formal-legal method, method of legal modeling, and other methods. The author also proposes to consider as the principles of such diagnostics: the principle of taking into account the specific historical situation, dialectical unity, systematic study of the conflict and the principle of the rule of law. The author suggests considering the following presuppositions used in the course of constitutional and conflict diagnostics: the presumption of the inevitability of constitutional conflicts, the presumption of the solvability of constitutional conflicts, and the presumption of the prevention of conflicts.

scholarly journals Access to Justice and Democratic Governance in Cameroon: Which Lessons in the Light of Constitutional Justice?

2019 ◽  
Vol 9 (3) ◽  
Author(s):  
Florent Guy ATANGANA MVOGO
Keyword(s):  
Rule Of Law ◽  
Constitutional Law ◽  
Participatory Democracy ◽  
Democratic Governance ◽  
Access To Justice ◽  
The Rule Of Law ◽  
Constitutional Justice

Through the constitutional law of January 18, 1996, Cameroon endowed itself with a constitutional justice. The question is to what extent do the mechanisms of access to constitutional justice contribute to the democratic governance of the country? To analyse this fact, it appears that the mechanisms of access to constitutional justice in Cameroon are highly prohibitive and deny the rule of law and participatory democracy; all things that are resolutely situated at the antipodes of a democratic governance.

The Lost European Aspirations of U.S. Constitutional Law

2003 ◽  
Vol 4 (6) ◽  
pp. 595-611 ◽  
Author(s):  
Charles F. Abernathy
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
Constitutional Law ◽  
Common Law ◽  
The Rule Of Law ◽  
The Many ◽  
The U.S

Most European and American attorneys and judges think the U.S.A. has its legal roots in English common law, and that is probably true for the many areas of U.S. law that are still controlled by the traditional common-law process of simultaneously making and applying law. Yet, with respect to constitutional law – America's greatest legal contribution to modern respect for the rule of law, the roots of the U.S. legal system are firmly planted in Europe, not England. The U.S. Constitution was inspired by French revolutionary ideas of rationalism in law; it was intended as an integrated document just like codes; and it has been interpreted by American judges to be not just a political document but binding law – law that is binding on all three branches of government, legislative, executive, and judiciary. In fact that was the holding in Marbury v. Madison, the case decided exactly two hundred years ago.

scholarly journals Encuesta sobre la independencia del Poder Judicial

2016 ◽  
pp. 15 ◽  
Author(s):  
Teoría y Realidad Constitucional
Keyword(s):  
Rule Of Law ◽  
Constitutional Law ◽  
Judicial Power ◽  
The Rule Of Law ◽  
Law Professors

En esta encuesta un grupo de Catedráticos de Derecho Constitucional contestan un conjunto de preguntas sobre la independencia del Poder Judicial en el Estado de Derecho, relativas a las amenazas que existen a esa independencia; las preguntas abordan temas relativos al Consejo General del Poder Judicial, la figura del aforamiento, el régimen del Ministerio Fiscal y el derecho de gracia, entre otros.In this academic survey a group of Constitutional Law Professors answer some questions about the independence of the Judicial Power and the Rule of Law and about the threats to this independence; the questions approach topics relative to the Judicial Power government, the procedural privileges, the regime of the Attorney General’s office and judicial pardon or grant of clemency.

The Labor Judge Unleashed: Rule of Law and Labor Rights in “Neoliberal” Chile

2018 ◽  
Vol 43 (04) ◽  
pp. 1574-1603
Author(s):  
César F. Rosado Marzán
Keyword(s):  
Working Class ◽  
Latin American ◽  
Rule Of Law ◽  
Labor Rights ◽  
The Rule Of Law ◽  
Secondary Sources ◽  
Class Power ◽  
Latin American Countries ◽  
Power Class

Hoping to improve labor justice, some Latin American countries have reformed their labor courts without necessarily buttressing working-class power. Class power theories make us skeptical of these state-centric strategies for labor rights. Will the “rule-of-law” reforms work? This article reports ethnographic evidence collected by the author in the Chilean labor courts during 2009–2010, and secondary sources. It compares contemporary labor courts, reformed but in an otherwise “neoliberal” context, with the unreformed labor courts of the “socialist” years (1970–1972) to gauge the efficacy of rule-of-law reforms. Results show that despite the neoliberal context, the labor courts were more responsive to workers' claims than under socialism. Rule of law and procedural rules matter for effective labor rights.

scholarly journals Crime and Public Support for the Rule of Law in Latin America and Africa

2014 ◽  
Vol 6 (2-3) ◽  
pp. 153-169 ◽  
Author(s):  
Shannon I. Smithey ◽  
Mary Fran T. Malone
Keyword(s):  
Latin America ◽  
Public Opinion ◽  
Latin American ◽  
Rule Of Law ◽  
Fear Of Crime ◽  
Public Support ◽  
Sub Saharan Africa ◽  
New Democracies ◽  
The Rule Of Law ◽  
Sub Saharan

Abstract Crime poses a formidable obstacle to democratization in many parts of the developing world. New democracies in Central America and sub-Saharan Africa face some of the highest homicide rates in the world. Politicians, citizens, and policy-makers have raised the alarm about the growing tide of criminality. Public insecurity, coupled with inefficient and often corrupt justice systems, makes democratization uncertain. Even if new democracies do not revert to dictatorship, the quality of democracy may suffer if crime continues to rise. One particularly vulnerable component of democracy is the rule of law, as public insecurity may fuel support for extra-legal justice, and a willingness to disregard the law while aggressively pursuing suspected criminals. To test these relationships, we assess the ways in which criminal victimization, as well as fear of crime, affect citizen support for the rule of law. We utilize public opinion data collected in select countries in Latin America and sub-Saharan Africa through two widely used sources – the Latin American Public Opinion Project (LAPOP) and the Afrobarometer surveys.

scholarly journals Ombudsman Institute: Basic Models and Problems of Reception in Constitutional Law

2020 ◽  
Vol 9 (29) ◽  
pp. 273-281
Author(s):  
Oleksandr Batanov ◽  
Natalia Verlos ◽  
Olga Lotiuk ◽  
Olena Sinkevych
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Constitutional Law ◽  
Separation Of Powers ◽  
Classical System ◽  
Modern World ◽  
Persons With Disabilities ◽  
The Rule Of Law ◽  
Human Rights Protection ◽  
Rights Protection

In the search for optimal ways of improving the normative foundations and organizational-legal forms of human rights protection, the problem of institutional support of relevant processes is actualized. The protection of human rights is inherently linked to all public-power structures of the mechanism of state power and is possible only in the context of optimal implementation of the principles of the rule of law, separation of powers, democratic, social, rule of law. In Ukraine, in the context of constitutional modernization, the problem of improving the organizational-legal mechanism of human rights protection remains urgent. For this purpose, the Institute of the Ombudsman operates in Ukraine. Its implementation fully meets the tendencies existing in the modern democratic world and is a reaction to those conflicts and contradictions that exist in the field of human rights protection. Nevertheless, the social insecurity of certain sections of the population (children, pensioners, persons with disabilities, servicemen, migrants, internally displaced persons, ethnic minorities, persons belonging to the LGBTI community, entrepreneurs, patients and other categories of citizens) is an indicator of the relevance of the problem and the functioning of national human rights protection mechanisms, including the strengthening of the relevant oversight functions of the Ombudsman. The subject of the research is the problems of reception in the constitutional law of the basic models of organization of the Ombudsman Institute in the mechanism of functioning of the rule of law. The object of the study is the public relations that delve into the human rights protection process and the ombudsman's exclusivity in the relevant processes. The methodological basis of the study are general scientific methods, such as dialectical, comparative-legal, formal-legal, historical, and logical methods of cognition, as well as special and private-law methods. The history of development, the causes, the processes of institutionalization and constitution of the ombudsman services in the modern world, the permanent transformation of their functions and the differentiation of their specialization are evidence of the improvement of the classical system of separation of powers and the constitutional mechanism of its organization. It is argued that the functional isolation, independence, and organizational diversity of the control bodies, first of all, the Ombudsmen, is a testament to the formation of control power, the conceptual idea of which is the existence of a system of measures to ensure control over public authority.

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