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This is the first book on the theory and practice of proportionality in Latin American constitutional law.
This is the first book on proportionality in Latin American constitutional law. Leading scholars in the region explore how proportionality analysis has become a key part of the constitutional law of a region where, almost paradoxically, constitutions with clear transformative intentions coexist with the highest indicators of social inequality in the world. In this book, scholars, practitioners and students will find a fascinating account of how proportionality has been a central concept in Latin America's constitutional struggles to curtail excessive uses of state power. The book illustrates how, more recently, proportionality has played an important role in national processes of constitutionalization and transitional justice, and how its current uses in the domain of social rights endow it with a distinctive meaning and role in regional constitutionalism. This pioneering book opens up the space for a much needed global conversation on how Latin America has decisively contributed to comparative constitutional law.
In this book, Alec Stone Sweet and Jud Mathews focus on the law and politics of rights protection in democracies, and in human rights regimes in Europe, the Americas, and Africa. After introducing the basic features of modern constitutions, with their emphasis on rights and judicial review, the authors present a theory of proportionality that explains why constitutional judges embraced it. Proportionality analysis is a highly intrusive mode of judicial supervision: it permits state officials to limit rights, but only when necessary to achieve a sufficiently important public interest. Since the 1950s, virtually every powerful domestic and international court has adopted proportionality analysis as the central method for protecting rights. In doing so, judges positioned themselves to review all important legislative and administrative decisions, and to invalidate them as unconstitutional when such policies fail the proportionality test. The result has been a massive - and global - transformation of law and politics. The book explicates the concepts of 'trusteeship', the 'system of constitutional justice', the 'effectiveness' of rights adjudication, and the 'zone of proportionality'. A wide range of case studies analyse: how proportionality has spread, and variation in how it is deployed; the extent to which the U.S. Supreme Court has evolved and resisted similar doctrines; the role of proportionality in building ongoing 'constitutional dialogues' with the other branches of government; and the importance of the principle to the courts of regional human rights regimes. While there is variance in the intensity of proportionality-based dialogues, such interactions are today at the very heart of governance in the modern constitutional state and beyond.
This book offers a comprehensive critique of the principle of proportionality and balancing as applied to human and constitutional rights.
The main objective of this study is to present a comparative legal analysis of proportionality. It provides a close examination of the key areas in which this principle has been applied, both at the national and supranational levels. The whole work is placed in the context of transformation of public law in the twentieth century. As many important general principles of law as applied by the Court of Justice have been borrowed from German and French law, a comparative study of the various forms which this principle has assumed in both German and French public law is presented. The book then offers an in-depth analysis of the application and impact of the principle of proportionality in EC law. The introduction and development of this principle by the Court of Justice represents one of the most striking examples of the interaction between the Community and national legal systems. It also illustrates the character of Community law as developed by the Court and the law-making function of the latter.
Two world-renowned strategists detail the seven leadership imperatives for transforming companies in the new digital era. Digital transformation is critical. But winning in today's world requires more than digitization. It requires understanding that the nature of competitive advantage has shifted—and that being digital is not enough. In Beyond Digital, Paul Leinwand and Matt Mani from Strategy&, PwC's global strategy consulting business, take readers inside twelve companies and how they have navigated through this monumental shift: from Philips's reinvention from a broad conglomerate to a focused health technology player, to Cleveland Clinic's engagement with its broader ecosystem to improve and expand its leading patient care to more locations around the world, to Microsoft's overhaul of its global commercial business to drive customer outcomes. Other case studies include Adobe, Citigroup, Eli Lilly, Hitachi, Honeywell, Inditex, Komatsu, STC Pay, and Titan. Building on a major new body of research, the authors identify the seven imperatives that leaders must follow as the digital age continues to evolve: Reimagine your company's place in the world Embrace and create value via ecosystems Build a system of privileged insights with your customers Make your organization outcome-oriented Invert the focus of your leadership team Reinvent the social contract with your people Disrupt your own leadership approach Together, these seven imperatives comprise a playbook for how leaders can define a bolder purpose and transform their organizations.
A comparative and empirical analysis of proportionality in the case law of six constitutional and supreme courts.
From the ill-fated dot-com bubble to unprecedented merger and acquisition activity to scandal, greed, and, ultimately, recession -- we've learned that widespread and difficult change is no longer the exception. By outlining the process organizations have used to achieve transformational goals and by identifying where and how even top performers derail during the change process, Kotter provides a practical resource for leaders and managers charged with making change initiatives work.
Revised to reflect recent developments in the field, Phase Transformation in Metals and Alloys, Fourth Edition, continues to be the most authoritative and approachable resource on the subject. It supplies a comprehensive overview of specific types of phase transformations, supplemented by practical case studies of engineering alloys. The book’s unique presentation links a basic understanding of theory with application in a gradually progressive yet exciting manner. Based on the authors’ teaching notes, the text takes a pedagogical approach and provides examples for applications and problems that can be readily used for exercises. NEW IN THE FOURTH EDITION 40% of the figures and 30% of the text Insights provided by numerical modelling techniques such as ab initio, phase field, cellular automaton, and molecular dynamics Insights from the application of advanced experimental techniques, such as high-energy X-ray diffraction, high-resolution transmission electron microscopy, scanning electron microscopy, combined with electron backscattered diffraction New treatment of ternary phase diagrams and solubility products The concept of paraequilibrium in systems containing highly mobile interstitial elements Thermodynamics of grain boundaries and the influence of segregation on grain boundary diffusion Reference to software tools for solving diffusion problems in multicomponent systems Introduction to concepts related to coincident site lattices and methods for determining the dislocation content of grain boundaries and interfaces Updated treatment of coherency and interface structure including the important fcc–bcc interfaces Treatment of metallic glasses expanded to cover critical cooling rate Austin–Rickets equation introduced as an alternative to the Avrami equation in the case of precipitation kinetics Discussion of the effects of overlap in nucleation, growth and coarsening Discussion of pearlite and bainite transformations updated Entirely new and extensive treatment of diffusionless martensitic transformations covering athermal and thermally activated martensite in ferrous systems as well as shape memory, superelasticity and rubber-like behavior in ordered nonferrous alloys New practical applications covering spinodal alloys, fir-tree structures in aluminum castings, Al–Cu–Li aerospace alloys, superelastic and shape memory alloys, quenched and partitioned steels, advanced high-strength steels and martensitic stainless steels Each chapter now concludes with a summary of the main points References to scientific publications and suggestions for further reading updated to reflect experimental and computational advances Aimed at students studying metallurgy and materials science and engineering, the Fourth Edition retains the previous editions’ popular easy-to-follow style and excellent mix of basic and advanced information, making it ideal for those who are new to the field. A new solutions manual and PowerPoint figure slides are available to adopting professors.
The Future of Nursing explores how nurses' roles, responsibilities, and education should change significantly to meet the increased demand for care that will be created by health care reform and to advance improvements in America's increasingly complex health system. At more than 3 million in number, nurses make up the single largest segment of the health care work force. They also spend the greatest amount of time in delivering patient care as a profession. Nurses therefore have valuable insights and unique abilities to contribute as partners with other health care professionals in improving the quality and safety of care as envisioned in the Affordable Care Act (ACA) enacted this year. Nurses should be fully engaged with other health professionals and assume leadership roles in redesigning care in the United States. To ensure its members are well-prepared, the profession should institute residency training for nurses, increase the percentage of nurses who attain a bachelor's degree to 80 percent by 2020, and double the number who pursue doctorates. Furthermore, regulatory and institutional obstacles-including limits on nurses' scope of practice-should be removed so that the health system can reap the full benefit of nurses' training, skills, and knowledge in patient care. In this book, the Institute of Medicine makes recommendations for an action-oriented blueprint for the future of nursing.