The prime focus of this dissertation consists in exploring constitutional jurisprudence in the Supreme Court of Venezuela over the last five decades, making use of arguments drawn from Venezuelan history and the existing jurisprudential approaches to theories about the general character of law as integrated in numerous public law cases. This study offers a new approach, one that focuses on ensuring that fundamental constitutional principles are aligned with the concrete objectives (purposes) that the Constitution sets out to achieve. This account is developed through a theoretical framework comprising of: I. A historical overview from independence (1811) to democratization (1947 and beyond), emphasizing the fundamentals of the Constitutions of 1961 and 1999, to portray a vivid and accurate picture of the origins of Venezuela’s constitutional democracy; II. A survey, of constitutional cases that illustrates the evolution of the Venezuelan constitutional jurisprudence under the overt or subliminal use of certain default legal theories, namely, legal positivism in the era of the 1961 Constitution, legal realism and Ronald Dworkin’s adjudication theory in the era of the 1999 Constitution III. An insightful discussion of the main arguments of Ronald Dworkin’s principled theory and Justice Aharon Barak’s purposive theory, in an effort to build theorectical support, which links the various points of their respective theories in order to articulate one in the context of the Venezuelan jurisprudence; IV An original attempt to build a theoretical approach based on the Venezuelan constitutional system, history, culture, and identity to bring together the priorities of formalism, particularly the written principles of the Constitution and the priorities of functionalism and social welfare. This is to ensure that the Supreme Court decides accordingly with the constitutional principles as much as their underlying purposes to provide solutions to legal conundrums.

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This study aims to investigate the field where law, sexuality and disability meet, with a particular focus on constitutional law. Through the use of comparative law and an interdisciplinary approach, the study will try to understand whether the law might have a role in overcoming social barriers affecting people with disabilities in the sphere of sexuality, and which are the criteria the State should follow when intervening in this complex field. Drawing on different notions of disability, we will sketch how law itself is slowly enacting a paradigm shift in disability law, while leaving outside some of the ultimate inquiries elaborated by disability theorists. It is the case of the issue of sexuality, which still remains a "silenced discourse" both on the international and domestic level. In spite of its relevant legal implications (e.g. forced sterilization and legal denial of sexual agency) and recent efforts to secure its negative aspects, the right to sexuality for people with disabilities has not been the object of positive measures, with few exceptions (e.g. Denmark). One of the most debated instruments in this field is currently sexual assistance: a controversial praxis, even in its definition and boundaries. It was observed, both at the domestic level and by comparative analysis, that the legal status and the factual development of this tool is strictly linked to the regulation on sex working. An alternative solution, namely framing sexual assistance as a form of personal assistance in Italy, will be theorized. Sexual assistance, however, is condemned to be ineffective if not surrounded by other tools (such as inclusive sexual education, sexual counselling etc.) aimed at fostering self-determination in the sexual sphere for people with disabilities. These policies need to be developed down the constitutional path already traced by the jurisprudence, starting from the experience and questions of people with disabilities and using flexible sources of law rather than hard law. In this way law could contribute to the social change needed to dismantle social barriers and discrimination experienced by people with disabilities in the field of sexuality and grant them full participation in all areas of life

No / The Law Express series is designed to assist students in effective exam revision by guiding users in understanding the basic concepts, the recall and application of key legislation in the exam environment.

published_or_final_version / Law / Master / Master of Philosophy

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AMERICAN CONSTITUTIONAL LAW, Volumes I and II, combines cases, decisions, and authorial commentary to maximize your learning and understanding in this course. These comprehensive volumes cover the entire range of topics in constitutional law. Volume I examines the institutional aspects of constitutional law; Volume II deals with civil rights and liberties. Each of the chapters includes an introductory essay providing the legal, historical, political, and cultural context of Supreme Court jurisprudence in a particular area of constitutional interpretation. Each chapter also contains several boxed features (labeled "Case in Point" and "Sidebar") to provide additional perspective and context for the set of edited decisions from the United States Supreme Court cases that follow. In selecting, editing, and updating the materials, the authors emphasize recent trends in major areas of constitutional interpretation, as well as many landmark decisions, some of which retain importance as precedents while others illustrate the transient nature of constitutional interpretation. Because the book provides a good balance of decisions and authorial commentary, this text appeals to instructors of law as well as instructors of political science. / https://dc.etsu.edu/etsu_books/1021/thumbnail.jpg

Thesis (LL. M)--York University, 2002. / "Graduate Programme in Law." Includes bibliographical references (leaves 157-168). Also available on the Internet. MODE OF ACCESS via web browser by entering the following URL: http://wwwlib.umi.com/cr/yorku/fullcit?pMQ75397.

published_or_final_version / Law / Master / Doctor of Legal Studies