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Full-Text Articles in Law
Marbury In Mexico: Judicial Review’S Precocious Southern Migration, M C. Mirow
Marbury In Mexico: Judicial Review’S Precocious Southern Migration, M C. Mirow
M. C. Mirow
In attempting to construct United States-style judicial review for the Mexican Supreme Court in the 1880s, Ignacio Vallarta, president of the court, read Marbury in a way that preceded this use of the case in the United States. Using this surprising fact as a central example, this article makes several important contributions to the field of comparative constitutional law. The work demonstrates that through constitutional migration, novel readings of constitutional sources can arise in foreign fora. In an era when the United States Supreme Court may be accused of parochialism in its constitutional analysis, the article addresses the current controversy …
Proyecto Acceso: The Use Of Popular Culture To Build The Rule Of Law In Latin America, James Cooper
Proyecto Acceso: The Use Of Popular Culture To Build The Rule Of Law In Latin America, James Cooper
James M. Cooper
This article is about developing the rule of law in Latin America using popular popular culture and modeling the United States' experience.
After Amnesties Are Gone: Latin American National Courts And The New Contours Of The Fight Against Impunity, Naomi Roht-Arriaza
After Amnesties Are Gone: Latin American National Courts And The New Contours Of The Fight Against Impunity, Naomi Roht-Arriaza
Naomi Roht-Arriaza
Latin America is the one region that, in the wake of massive and systematic violations of human rights, has made inroads into trying these crimes in national courts. After decades in which cases were dismissed on grounds of amnesty, statutes of limitations, or other impediments to trial, these barriers have, in a majority of countries, fallen. This turnaround—while fragile and incomplete—is remarkable. It provides important, and inspirational, lessons for lawyers, judges and advocates in other regions, and for international justice efforts. Cases involving international crimes in the courts of Latin American countries have gone through distinct phases. In the first, …
Dignity In The Service Of Democracy, Erin Daly
Dignity In The Service Of Democracy, Erin Daly
Erin Daly
At a broad level, perhaps the most noticeable trend in Latin American constitutional law is the increasing muscularity of constitutional tribunals. Throughout the region, particularly in South America, tribunals charged with interpreting their country’s constitution are increasingly asserting themselves and inserting themselves into public controversies, from abortion to same sex marriage to the rights of political association. This heightened judicial activity can come at a cost to democracy: typically, the more social issues are decided by unelected and unaccountable judges rather than through a political process, the less the people control the resolution of those issues. The more outcomes are …
Impossibility, Hardship And Exemption Under Iberoamerican Contract Law, Edgardo Muñoz
Impossibility, Hardship And Exemption Under Iberoamerican Contract Law, Edgardo Muñoz
Edgardo Muñoz
No abstract provided.