El rol del juez constitucional en el constitucionalismo transformador latinoamericano (The Role of Constitutional Courts in Latin American Transformative Constitutionalism)

2020 ◽  
Author(s):  
Jorge Roa Roa
2012 ◽  
Vol 7 (1) ◽  
pp. 27-46 ◽  
Author(s):  
Luisa Veronis

Issues of immigrant political incorporation and transnational politics have drawn increased interest among migration scholars. This paper contributes to debates in this field by examining the role of networks, partnerships and collaborations of immigrant community organizations as mechanisms for immigrant political participation both locally and transnationally. These issues are addressed through an ethnographic study of the Hispanic Development Council, an umbrella advocacy organization representing settlement agencies serving Latin American immigrants in Toronto, Canada. Analysis of HDC’s three sets of networks (at the community, city and transnational levels) from a geographic and relational approach demonstrates the potentials and limits of nonprofit sector partnerships as mechanisms and concrete spaces for immigrant mobilization, empowerment, and social action in a context of neoliberal governance. It is argued that a combination of partnerships with a range of both state and non-state actors and at multiple scales can be significant in enabling nonprofit organizations to advance the interests of immigrant, minority and disadvantaged communities.


2016 ◽  
Vol 9 (15) ◽  
Author(s):  
Nadiehezka Paola Palencia Tejedor

This work focuses on a compared analysis of the South Afri- can decision related to the “peace and reconciliation act” of this country’s Parliament, and the Colombian decision regarding the amendment of the constitution called “The juridical framework for the peace.” Turning to the structure, it is developed in three major topics: 1. It provides a brief of the historical context, political background and an overview of the two decisions.2. It gives a structural analysis of the powers that each Court has and the nature of the constitutional mechanism through which both Courts decided the constitutionality of the said norms 3. It presents a critical analysis on the similarities and differences between the two systems and judgments. It presents some con- clusions. 


2020 ◽  
Author(s):  
Pricila Mullachery ◽  
Daniel A. Rodriguez ◽  
J. Jaime Miranda ◽  
Nancy Lopez-Olmedo ◽  
Kevin Martinez-Folgar ◽  
...  

2015 ◽  
Vol 43 (1) ◽  
pp. 1-25
Author(s):  
Theunis Roux

There have been two major periods of judge-driven constitutional transformation in Australia. The first spanned the High Court's successful transformation over the course of the last century of the strongly federalist 1901 Constitution into a weakly federalist one. The second took the form of what is generally thought to have been the less than fully realized ‘Mason Court revolution’ – the Court's attempt, from 1987-1995, to turn the Constitution into a device for expressing core Australian political values. What explains these different outcomes – why was the first transformation so successful and the second only partially achieved? This article proposes an answer to this question based on a generalisable account of the role of constitutional courts in processes of constitutional transformation. In short, the argument is that the seminal Engineers decision triggered a self-reinforcing trajectory of institutional development that led to a stable politico-legal equilibrium by the middle of the last century. The judges responsible for the second attempted transformation sought to break free of this equilibrium in order to respond to what they thought were pressing social needs. In the absence of a significant exogenous shock to the system, however, the equilibrium structured and constrained what they were able to do.


Author(s):  
Dieter Grimm

This chapter examines the role of national constitutional courts in European democracy. It first provides an overview of national constitutional courts in Europe, focusing on the requirements that they impose on national institutions and the consequences of those requirements at the treaty level—i.e., transferring national powers to the European Union and regulating how these powers are exercised; at the level of the EU’s exercise of these powers; and at the level of implementing European law within national legal systems. The chapter also discusses how the European Court of Justice’s jurisprudence enabled the European treaties to function as a constitution; the non-political mechanism of EU decisions and how it promotes economic liberalization; and how the design and function of European primary law undermine democracy. The chapter suggests that the democratic legitimacy imparted to the EU’s decisions by its citizens can only develop within the framework of the European Parliament’s powers.


Author(s):  
Daniele Piovani ◽  
Claudia Pansieri ◽  
Soumya R R Kotha ◽  
Amanda C Piazza ◽  
Celia-Louise Comberg ◽  
...  

Abstract Background and aims The association between smoking and inflammatory bowel disease (IBD) relies on old meta-analyses including exclusively non-Jewish White populations. Uncertainty persists regarding the role of smoking in other ethnicities. Methods We systematically searched Medline/PubMed, Embase and Scopus for studies examining tobacco smoking and the risk of developing IBD, i.e., Crohn’s disease (CD) or ulcerative colitis (UC). Two authors independently extracted study data and assessed each study’s risk-of-bias. We examined heterogeneity and small-study effect, and calculated summary estimates using random-effects models. Stratified analyses and meta-regression were employed to study the association between study-level characteristics and effect estimates. The strength of epidemiological evidence was assessed through prespecified criteria. Results We synthesized 57 studies examining the smoking-related risk of developing CD and UC. Non-Jewish White smokers were at increased risk of CD (29 studies; RR: 1.95, 95% CI: 1.69‒2.24; moderate evidence). No association was observed in Asian, Jewish and Latin-American populations (11 studies; RR: 0.97; 95% CI: 0.83–1.13), with no evidence of heterogeneity across these ethnicities. Smokers were at reduced risk of UC (51 studies; RR: 0.55, 95% CI: 0.48–0.64; weak evidence) irrespectively of ethnicity; however, cohort studies, large studies and those recently published showed attenuated associations. Conclusions This meta-analysis did not identify any increased risk of CD in smokers in ethnicities other than non-Jewish Whites, and confirmed the protective effect of smoking on UC occurrence. Future research should characterize the genetic background of CD patients across different ethnicities to improve our understanding on the role of smoking in CD pathogenesis.


1993 ◽  
Vol 7 (1) ◽  
pp. 15-17
Author(s):  
Alice B. Lentz

Alice Lentz offers a brief view of the role of the Americas Fund for Independent Universities (AFIU) in relation to significant initiatives in various Latin American countries. In a region where the function and development of private higher education institutions is especially important, the focus of the AFIU's activities is on private universities' ability to provide trained business leaders with the skills necessary to meet the challenges of enterprise growth in these developing economies. She mentions in particular the strengthening of financing capabilities within the university, and the evolution of three-way partnerships among business corporations, AFIU, and universities in Latin America.


1962 ◽  
Vol 4 (4) ◽  
pp. 473-493 ◽  
Author(s):  
Richard M. Morse

This essay will advance two interrelated hypotheses about the Latin American city. The first of them has to do with the role of the city in the settlement of the New World. The second suggests certain characteristics of the modern Latin American metropolis.


2021 ◽  
pp. 83
Author(s):  
Yakov Shemyakin

The article substantiates the thesis that modern Native American cultures of Latin America reveal all the main features of "borderland" as a special state of the socio-cultural system (the dominant of diversity while preserving the unity sui generis, embodied in the very process of interaction of heterogeneous traditions, structuring linguistic reality in accordance with this dominant, the predominance of localism in the framework of the relationship between the universal and local dimensions of the life of Latin American societies, the key role of archaism in the system of interaction with the heritage of the 1st "axial time», first of all, with Christianity, and with the realities of the "second axial time" - the era of modernization. The author concludes that modern Indian cultures are isomorphic in their structure to the "borderline" Latin American civilization, considered as a "coalition of cultures" (K. Levi-Strauss), which differ significantly from each other, but are united at the deepest level by an extremely contradictory relationship of its participants.


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