Livros: "Access pathways to constitutional justice"

1

Karim, Fazal. Access to justice in Pakistan: A handbook of civil & criminal procedure with constitutional setting ... Karachi: Pakistan Law House, 2003.

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2

United States. Congress. House. Committee on the Judiciary. Subcommittee on Civil and Constitutional Rights. Criminal Justice Information Improvement Act: Hearing before the Subcommittee on Civil and Constitutional Rights of the Committee on the Judiciary, House of Representatives, Ninety-ninth Congress, second session on H.R. 2129 ... July 16, 1986. Washington: U.S. G.P.O., 1987.

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3

United States. Congress. House. Committee on the Judiciary. Subcommittee on Civil and Constitutional Rights. Misuse of National Crime Information Center records: Joint hearing before the Subcommittee on Civil and Constitutional Rights of the Committee on the Judiciary, and the Subcommittee on Information, Justice, Transportation, and Agriculture of the Committee on Government Operations, House of Representatives, One Hundred Third Congress, first session, July 28, 1993. Washington: U.S. G.P.O., 1994.

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4

Kramer, Xandra, Alexandre Biard, Jos Hoevenaars e Erlis Themeli. New Pathways to Civil Justice in Europe: Challenges of Access to Justice. Springer International Publishing AG, 2022.

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5

Kramer, Xandra, Alexandre Biard, Jos Hoevenaars e Erlis Themeli. New Pathways to Civil Justice in Europe: Challenges of Access to Justice. Springer International Publishing AG, 2021.

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6

Hess, Kären M., Christine Hess Orthmann, Jonathon Kingsbury e J. Scott Harr. Bundle: Constitutional Law and the Criminal Justice System, 7th + MindTap Criminal Justice, 1 Term Printed Access Card. Cengage Learning, 2017.

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7

Lee Epstein and Thomas G. Walker. Constitutional Law for a Changing America: Rights, Liberties and Justice, 8th Edition Plus Archive Access. CQ Press, 2012.

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8

Hess, Kären M., Christine Hess Orthmann, Jonathon Kingsbury e J. Scott Harr. Bundle: Constitutional Law and the Criminal Justice System, Loose-Leaf Version, 7th + MindTap Criminal Justice, 1 Term Printed Access Card. Cengage Learning, 2017.

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9

Gelder, Emma van. Consumer Online Dispute Resolution Pathways in Europe: Analysing the Standards for Access and Procedural Justice in Online Dispute Resolution Procedures. Boom Uitgevers Den Haag, 2022.

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10

Gelder, Emma van. Consumer Online Dispute Resolution Pathways in Europe: Analysing the Standards for Access and Procedural Justice in Online Dispute Resolution Procedures. Boom Uitgevers Den Haag, 2022.

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11

Carissima, Mathen. Part V Rights and Freedoms, A Litigating and Interpreting the Charter, Ch.30 Access to Charter Justice. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780190664817.003.0030.

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This chapter discusses how Canadian constitutional issues come before the courts. Its primary focus is on litigation arising under the Charter of Rights and Freedoms. Since the entrenchment of the Canadian Charter in 1982, traditional legal process doctrines, such as standing, intervention, costs, and reference opinions have seen significant expansion. Though initially cautious, Canadian courts have recognized that the ability to initiate constitutional claims is integral to the principle of legality. The mechanisms by which constitutional issues are judicially reviewed, and decisions regarding who may participate and how such litigation may be supported, are crucial determinants of substantive constitutionalism in Canada.

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Information Sharing And Data Protection In The Area Of Freedom Security And Justice Towards Harmonised Data Protection Principles For Information Exchange At Eulevel. Springer, 2011.

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13

Dann, Philipp, Michael Riegner e Maxim Bönnemann, eds. The Global South and Comparative Constitutional Law. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198850403.001.0001.

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Although the Global South represents ‘most of the world’ in terms of constitutions and population, it is still underrepresented in comparative constitutional discourse. Against this background, this volume posits that it is high time for a ‘Southern turn’ in comparative constitutional scholarship. It aims to take stock of existing scholarship on the Global South and comparative constitutional law and to move the debate forward. It brings together authors who all hail from, or are based in, the Global South and who represent a range of regions, perspectives, and methodological approaches. They address the theoretical and epistemic foundations of Southern constitutionalism and discuss its distinctive themes, such as transformative constitutionalism, inequality, access to justice, and authoritarian legality. What emerges is a rich tapestry of constitutional experiences that pluralizes comparative constitutional law as discipline and field of knowledge.

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Lorne, Sossin. Part II Institutions and Constitutional Change, C The Courts, Ch.11 Courts, Administrative Agencies, and the Constitution. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780190664817.003.0011.

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This chapter sets out the constitutional foundation for courts and administrative agencies in Canada. It examines the constitutional foundations for Canadian courts, including Canada’s constitutional texts; unwritten constitutional principles such as judicial independence, access to justice, and the rule of law; quasi-constitutional statutes such as the Supreme Court Act; and the common law Constitution. The chapter next considers the constitutional foundations for administrative agencies, particularly around the extent to which agencies can implement and are subject to the Constitution. Finally, the chapter situates the discussion of administrative agencies against the backdrop of Canada’s separation of powers, including emerging dynamics flowing from Indigenous self-government.

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Sorabji, John. A Model Civil Procedure Code for England and Wales. Oxford University PressOxford, 2024. http://dx.doi.org/10.1093/oso/9780192848680.001.0001.

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Abstract Civil procedure law is integral to our understanding of access to justice, dispute resolution, and ultimately the rule of law. However, the field is rapidly changing, shifting dispute resolution away from courts and judgments, towards other legal pathways such as negotiation, mediation, arbitration, and Ombudsman. Similarly, the increasing digitisation of society and looming potential of AI will profoundly influence future reforms. Civil justice is thus at a critical turning point. In response to these developments, John Sorabji proposes a new model civil procedure code for England and Wales. Building on the work of the ALI/UNIDROIT Principles of Transnational Civil Procedure and the ELI-UNIDROIT Model European Rules of Civil Procedure, he articulates a simplified, principle-based, seventeen-part approach that covers all major stages from issue to enforcement, with sections on costs and funding, provisional measures, access to evidence and privileges, case statements, hearings, and dispute management.

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Brysk, Alison. Ending Impunity. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190901516.003.0008.

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Chapter 8 tracks the uses and shortfalls of law as a path to ending impunity, echoing the gap between public and private in architecture, access, and accountability. We will trace the evolution of legal standards for VAW in international law and tribunals on sexual violence, transitional justice in Guatemala, Croatia, and Libya, and national treatment of private abuse in India and the Philippines. This contrasts with the architecture challenges of legal pluralism incorporating multiple local codes in Lebanon, Argentina, Nigeria, and South Africa, as well as parallel status problems in emerging debates on marital rape in Malawi and the Mideast. Contests over state responsibility and pathways to accountability are highlighted in Turkey, Mexico, Brazil, and Kenya. Yet a range of barriers for access to justice persist in insecure and inequitable states, and are profiled in Colombia, South Africa, Mexico, and India—with some innovative response in the latter cases. We will affirm a rights-based reading of the power of law but refine a feminist critique of its limits by distinguishing the legal reform requisites for different genres of human rights abuse and different types of gender regimes.

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Brysk, Alison. The Struggle for Freedom from Fear. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190901516.001.0001.

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One out of three women in the world has suffered gender-based violence. Yet from #metoo to Malala to Maria da Penha, women are rising up and pushing back. The purpose of this book is to show how to transform fear to freedom through a combination of international action, legal reform, public policy, mobilization, and value transformation. The Struggle analyzes drivers of violence and strategies for resistance in the semi-liberal countries at the frontiers of globalization. These hot-spots of violence represent the highly unequal middle-income countries, with declining citizenship and surging social conflict that now host two-thirds of the world’s population. The book profiles struggles against femicide, rape, trafficking, and related abuses in Brazil, India, South Africa, Mexico, the Philippines, Egypt, and Turkey in detail, with contrast cases beyond. Using the dual lenses of human rights and feminist theory of “gender regimes,” the book argues that different repertoires of abuse require distinct dynamics of change. Thus, The Struggle profiles strategies for transforming gendered power relations through multi-level campaigns on access to law and impunity, rights-based public policy, promotion of women’s agency, transforming violent masculinity, and reproductive rights. This study of campaigns to end gender violence at the frontiers of globalization expands our understanding of human rights reform pathways worldwide, and the interdependence of women’s rights with all struggles for justice.

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Jowell, Sir Jeffrey, e Colm O'Cinneide, eds. The Changing Constitution. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198806363.001.0001.

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Since its first edition in 1985, The Changing Constitution has provided analysis of the key issues surrounding the UK’s constitutional development, and debates around reform. The ninth edition of this volume is published at a time of constitutional turbulence, with Brexit putting pressure on key aspects of the UK’s unwritten constitutional system. Other aspects of the UK constitution are also in a state of flux, and continue to generate political and legal controversy: the legal protection of human rights, understanding of parliamentary sovereignty and the rule of law, separation of powers, restructuring of the system of justice, the regulation of access to information and data privacy, and pressures for increased devolution to Scotland, Wales and Northern Ireland. These issues and more are covered in this latest edition of one of the UK’s leading texts on the constitution, which includes contributions from a range of leading public law scholars.

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Cervera, Ignacio Campoy. Spain. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198786627.003.0013.

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The Convention on the Rights of Persons with Disabilities (CRPD) became part of the Spanish legal system on 3 May 2008, being placed at the highest normative level. Accordingly, since then the CRPD has been directly applicable by different Spanish courts, which have to interpret fundamental rights in line with CRPD. Nevertheless, the application of CRPD by different Spanish courts has not followed a smooth path. This chapter examines how the CRPD has been used by different Spanish courts, from the lower courts to the Supreme Court and the Constitutional Court, focusing on the rights that have been most frequently referred to the courts: the rights to equality and non-discrimination; equal treatment as a person before the law; access to justice; personal liberty; honour, reputation and privacy; to education; an adequate standard of living; and participation in political and public life.

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20

Schumaker, Kathryn. Troublemakers. NYU Press, 2019. http://dx.doi.org/10.18574/nyu/9781479875139.001.0001.

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This book examines the development of elementary and secondary students’ constitutional rights between 1964 and 1984 and its relationship to efforts to secure racial justice at school during the desegregation era. The first three chapters cover case studies that provide the local context for students’ rights litigation that originated in Mississippi; Denver, Colorado; and Columbus, Ohio. Each case study focuses on a particular area of students’ rights, such as free speech, equal protection, and due process, and provides an examination of how student protestrelated to civil rights and Chicano Movement activism contributed to litigation. The final two chapters provide a national view of the effects that these cases had on students’ rights law more generally, including the rights related to bilingual education, equal educational opportunities, and access to education for students with disabilities. The book also explores students’ rights in relation to school discipline, including the areas of corporal punishment, privacy, and suspensions and expulsions. The book argues that, as the courts developed the principles that determine when and why students gain rights protections, they did so in ways that undermined the initial goals of the black and Chicano student activists who set these lawsuits into motion.This book therefore offers a critical approach to these developments in American constitutional law and concludes by pointing to the ways in which the law contributes to persistent racial inequities in education.

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21

Utter, Glenn, ed. Guns and Contemporary Society. Praeger, 2015. http://dx.doi.org/10.5040/9798216971726.

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This three-volume set examines various approaches to firearms, including constitutional and legal issues, public health and criminal justice concerns, and perspectives on personal safety and self-defense. Recent mass shootings have led to renewed calls for additional legislation at the state and federal levels to address gun access and control. In this hard-hitting compilation, experts delve into various aspects of firearms in America—from gun control and gun rights to militia movements, to school-related shootings, and to the recent trends in gun ownership by women. Authors from varied backgrounds and viewpoints share their perspectives on the pros and cons of firearm ownership as all of the following: a constitutional right, a key instrument of self-defense, a guarantee of political freedoms, and as a major factor in crime and personal injury. The reference is divided into three volumes. The first volume covers firearm history, legislation, and policy; the second volume explores public opinion, gun ownership trends, international laws, and self-defense; and the third considers popular debates about firearm policy, including concealed carry of firearms, terrorism and the ownership of firearms, background checks for purchasing guns, and stand-your-ground laws. The work concludes with an informed debate on gun policy between Richard Feldman, president of the Independent Firearm Owners, and Paul Helmke, former president of the Brady Campaign to Prevent Gun Violence.

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22

Utter, Glenn, ed. Guns and Contemporary Society. Praeger, 2015. http://dx.doi.org/10.5040/9798216971733.

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This three-volume set examines various approaches to firearms, including constitutional and legal issues, public health and criminal justice concerns, and perspectives on personal safety and self-defense. Recent mass shootings have led to renewed calls for additional legislation at the state and federal levels to address gun access and control. In this hard-hitting compilation, experts delve into various aspects of firearms in America—from gun control and gun rights to militia movements, to school-related shootings, and to the recent trends in gun ownership by women. Authors from varied backgrounds and viewpoints share their perspectives on the pros and cons of firearm ownership as all of the following: a constitutional right, a key instrument of self-defense, a guarantee of political freedoms, and as a major factor in crime and personal injury. The reference is divided into three volumes. The first volume covers firearm history, legislation, and policy; the second volume explores public opinion, gun ownership trends, international laws, and self-defense; and the third considers popular debates about firearm policy, including concealed carry of firearms, terrorism and the ownership of firearms, background checks for purchasing guns, and stand-your-ground laws. The work concludes with an informed debate on gun policy between Richard Feldman, president of the Independent Firearm Owners, and Paul Helmke, former president of the Brady Campaign to Prevent Gun Violence.

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23

Utter, Glenn H., ed. Guns and Contemporary Society. ABC-CLIO, LLC, 2015. http://dx.doi.org/10.5040/9798216971740.

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This three-volume set examines various approaches to firearms, including constitutional and legal issues, public health and criminal justice concerns, and perspectives on personal safety and self-defense. Recent mass shootings have led to renewed calls for additional legislation at the state and federal levels to address gun access and control. In this hard-hitting compilation, experts delve into various aspects of firearms in America—from gun control and gun rights to militia movements, to school-related shootings, and to the recent trends in gun ownership by women. Authors from varied backgrounds and viewpoints share their perspectives on the pros and cons of firearm ownership as all of the following: a constitutional right, a key instrument of self-defense, a guarantee of political freedoms, and as a major factor in crime and personal injury. The reference is divided into three volumes. The first volume covers firearm history, legislation, and policy; the second volume explores public opinion, gun ownership trends, international laws, and self-defense; and the third considers popular debates about firearm policy, including concealed carry of firearms, terrorism and the ownership of firearms, background checks for purchasing guns, and stand-your-ground laws. The work concludes with an informed debate on gun policy between Richard Feldman, president of the Independent Firearm Owners, and Paul Helmke, former president of the Brady Campaign to Prevent Gun Violence.

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24

Teixeira, Sergio Torres, e Julienne Diniz Antão. Garantias constitucionais do processo e instrumentalidade processual. Brazil Publishing, 2020. http://dx.doi.org/10.31012/978-65-5861-251-3.

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During the months of May to September, Prof. Dr. Sérgio Torres Teixeira taught a discipline called “Constitutional Guaranties of the Process and Procedural Instrumentality” (which is also the name of this book) in the Post-Graduate Program of the Federal University of Pernambuco; one of the first classes entirely online in regard to COVID-19 safety measures. Despite the distance, all classmates were remarkably close in the intellectual purpose of learning and develop the law. Their researches, discussions and enthusiasm gave birth to this book, which delves deeply in important matters regarding constitutional and procedural law. It is constituted of 12 carefully written articles concerning such matters as the non-avoidance of judicial review, procedural equality in national and international law, international juridical cooperation and the effectiveness of transnational adjudication, the right to a natural judge in arbitration, social participation in administrative procedures, preventive measures in administrative procedures, among other themes that can be seen in the summary. It is a book that encapsulate different views and perspectives about such fundamental matters, intertwining different areas of law, abundantly revealing the plurality of though that sets the tone to this valuable initiative. It is by definition the work of a collectivity, that by mutual criticism made possible this academic landmark to all participants, showing the active and curious spirit of the minds cultivated in the Federal University of Pernambuco, specially concerning the researches related to procedural justice, access to justice and instrumentality. In this sense, is a work that reflects the prominent procedural issues of its time.

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Rodrigues, Valerian. Ambedkar's Political Philosophy. Oxford University PressOxford, 2024. http://dx.doi.org/10.1093/9780198925422.001.0001.

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Abstract This study is organized around a set of key concepts that Ambedkar, the Indian thinker and leader of the socially marginalized, proposed to reconstruct public life, factoring in oppression and degradation. This framework conceived human beings as endowed with a distinct set of attributes entitling them to consideration as moral equals despite other differences among them. It also accorded a procedural priority to consciousness in human understanding. Ambedkar deployed this framework to contend against social institutions of caste, untouchability, and other forms of marginalities and to interrogate texts, traditions, and modes of social dominance. Ambedkar regards justice as foundational to modern societies. It called for ‘initial equality’ across its members while recognizing desert. All differential accomplishments, however, cannot be rewarded or compensated. Democracy is an essential requirement to resolve competing claims. As a self-governing mode of rule, democracy affords access to its members to multiple avenues of reach, learning, and enablement. Nationalism, a distinctive bond that precipitates with the entry of the masses into the political arena, is justiciable only if it has a definitive tilt towards democracy. Social relations, however, are caught in trappings of power across levels of a social ensemble. Control over state power is an indispensable condition to undermine dominance and enable the commons. The representational, constitutional, and institutional architecture of power must be geared to this end. Such a pursuit needs to be secured through an apt moral anchor shored up through religious sanctions. In Ambedkar’s view only Buddhism can measure up to this demand.

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