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Case law is a widely studied field, posing a series of questions. The first issue relates to the nature of case law itself, as the term cannot be given a single meaning. There is no one definition of case law, but rather a plurality of meanings depending on the historical period and legal system in question. After an analysis of Roman iurisprudentia and Anglo-Saxon case law, this work considers the Spanish legal system, as an example of a Continental jurisdiction, and distinguishes between the case laws of the Supreme and Constitutional Courts, the European courts, and the Superior Courts of Justice of the Autonomous Communities. The book analyses these issues, among many others, in a clear and in-depth manner, from an historical and comparative approach of great interest and academic value.
Presentación. Abreviaturas. I. Constitución y fuentes del Derecho. II. Textos internacionales sobre derechos. III. Desarrollo de los derechos y libertades. IV. Garantías y suspensión de derechos. V. Órganos constitucionales e instituciones. VI. Organización territorial. Índice analítico.
Argentina’s new Civil and Commercial Code Código Civil y Comercial de la Nación has led to the adoption of a number of modern institutions in several branches of law. This book provides a review of them identifying the basic legal sources and concepts of Argentinian law as it stands today. It offers an up-to-date, systematic, and critical rendition of the principal branches of the law and provides the necessary historical background. With twelve chapters written by Argentinian experts in their respective fields of law, this is the ideal starting point for research whenever a question of Argentinian law must be answered. The authors clearly explain the legal customs, provisions, and rules arising in the following areas: - sources and history; – constitutional law; – administrative law; – law of the persons; – legal persons; – family law; – contract law; – law of property; – inheritance law; – criminal law; – procedural law; and – private international law. A detailed bibliography follows each chapter. This concise and practical guide is sure to provide interested parties with a speedy and reliable opening to whatever aspect of Argentinian law they need to research. It will be welcomed by practicing lawyers, business people, government officials, academic researchers, and law stu dents interested in an overview of Argentinian law and institutions.
This book examines the reasoning practice of 15 constitutional courts and supreme courts, including the Caribbean Commonwealth and the Inter-American Court of Human Rights. Enriched by empirical data, with which it strives to contribute to a constructive and well-informed debate, the volume analyses how Latin American courts justify their decisions. Based on original data and a region-specific methodology, the book provides a systematic analysis utilising more than 600 leading cases. It shows which interpretive methods and concepts are most favoured by Latin American courts, and which courts were the most prolific in their reasoning activities. The volume traces the features of judicial dialogue on a regional and sub-regional level and enables the evaluation and comparison of each country's reasoning culture in different epochs. The collection includes several graphs to visualise the changes and tendencies of the reasoning practices throughout time in the region, based on information gathered from the dataset. To better understand the current functioning and the future tendencies of courts in Latin America and the Caribbean, the volume illuminates how constitutional and supreme courts have actually been making their decisions in the selected landmark cases, which could also contribute to future successful litigation strategies for both national constitutional courts and the Inter-American Court for Human Rights. This project was made possible due to the collaboration and funding provided by the Rule of Law Programme for Latin America of the Konrad Adenauer Foundation and the Law School of the University of San Francisco de Quito.