Poder Judicial Inter S P Blico Y Derechos Fundamentales En El Per
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A Theory of Constitutional Rights
In any country where there is a Bill of Rights, constitutional rights reasoning is an important part of the legal process. As more and more countries adopt Human Rights legislation and accede to international human rights agreements, and as the European Union introduces its own Bill of Rights, judges struggle to implement these rights consistently and sometimes the reasoning behind them is lost. Examining the practice in other jurisdictions can be a valuable guide. Robert Alexy's classic work reconstructs the reasoning behind the jurisprudence of the German Basic Law and in doing so provides a theory of general application to all jurisdictions where judges wrestle with rights adjudication. In considering the features of constitutional rights reasoning, the author moves from the doctrine of proportionality, procedural rights and the structure and scope of constitutional rights, to general rights of liberty and equality and the problem of horizontal effect. A postscript written for the English edition considers critiques of the Theory since it first appeared in 1985, focusing in particular on the discretion left to legislatures and in an extended introduction the translator argues that the theory may be used to clarify the nature of legal reasoning in the context of rights under the British Constitution.
Economic Reasoning and Judicial Review
Author: Stephen G. Breyer
language: en
Publisher: American Enterprise Institute
Release Date: 2004
This essay, delivered as the AEI-Brookings Joint Center for Regulatory Studies's 2003 distinguished lecture, now is available for download and purchase.
Public Policy Making Reexamined
Public Policymaking Reexamined is now recognized as a fundamental treatise for public policy studies. Although it caused much controversy when it was first published for its systematic approach to policy studies, the book is acknowledged as a modern classic of continuing importance for the teaching and research of public policy, planning and policy analysis, and public administration. The paperback includes a new introduction updating and supplementing many of the author's original ideas.Professor Dror combines the approaches of policy analysis, behavioral science, and systems analysis in his examination of the reality of public policymaking and his suggestions for its reform. Actual policymaking is carefully evaluated with the help of explicit criteria and standards based on an optimal model approach, resulting in detailed proposals for improvement. He applies a scientific orientation to the study of social facts and theory.