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Copyright of Foro Revista de Derecho is the property of Universidad Andina Simon Bolivar, Sede Ecuador and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The author analyzes the evolution of the guarantee of habeas corpus as the simple and quick remedy in the inter-American system. It describes the different forms of application of the aforementioned guarantee and compares it with the habeas corpus law in Argentina. The broader protection provided by this guarantee is noted for the protection of multiple situations not provided for in the local law to conclude that by means of conventionality control, article 7 based on article 25 of the American Convention with the interpretation "pro homine" and "pro actione" is the most suitable tool to protect the right to freedom as a fundamental right and foundation of other rights. [ABSTRACT FROM AUTHOR]

Copyright of Religación: Revista de Ciencias Sociales y Humanidades is the property of Religacion: Revista de Ciencias Sociales y Humanidades and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Orbis Tertius is the property of Universidad Nacional de La Plata and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article aims towards giving an account of the status of a fundamental right possessed by mental health, its main judicial positions and jurisdictional reinforced guarantees with which it counts. For that, the articles taks as reference the constitutions of several Latin-American countries. A bibliographical research was performed that consisted of collecting data, creating files, systematization of the information and formulation of results. After this, the study was able to assert that mental health is a fundamental right to which some defense and performance positions can be ascribed, and has guarantees such as the aid and the corrective habeas corpus. Basically, the study concluded that its fundamental character is held upon its recognition in the constitutional texts and its link with the satisfaction of the basic needs of the person. Furthermore, it admits exercise modes that impose obligations that, if not fulfilled, might be demanded in the constitutional headquarters. [ABSTRACT FROM AUTHOR]

The objectives of the paper are to identify the cases of affectation of the personal freedom of migrants derived from the application of the immigration law due to the expulsion measures and its consequent control by the Supreme Court via habeas corpus, to evaluate the consistency of the arguments raised and, finally, to verify the regulations applied in the decisions of the cases. The methodology used is based on a jurisprudential analysis that allows inferring as a result that, in the last five years the Highest Court has reasoned progressively by applying constitutional norms and certain international standards. In this way, the Supreme Court has ensured the protection of the personal freedom of migrants against illegal or arbitrary deportations. It is concluded that, despite the asynchrony and potential inconsistency between the legal framework and the conventional and constitutional norms in force in migratory matters, the Supreme Court of Chile has accepted the habeas corpus deduced in favor of migrants subject to expulsion measures. [ABSTRACT FROM AUTHOR]

Copyright of Dixi is the property of Universidad Cooperativa de Colombia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The study dealt with the new trends of constitutional jurisdiction in Latin America within the framework of the interpretive paradigm and qualitative approach. The deductive or abductive method was used in the study of cases Nº 11-18-CN / 19 (Ecuador) and Ugarteche/Paredes (Peru) on equal marriage; Guardianship action in favor of the Vilcabamba River (Ecuador), Huaraz (Peru) and protection law for Mother Earth (Bolivia); application of diffuse control of conventionality in the case of Alberto Fujimori (Peru); Defense of the right to forget (Peru -Colombia), and the effects of the declaration of the Human Right to the Internet in the Republics of Brazil and Mexico, concluding that, the constitutional jurisdiction of freedom from the biocentric or ecocentric trend demands the review of concepts such as the ability to be a party, subject to law even the scope of processes of freedom as classic and anthropocentric as the habeas corpus or as proposed in other systems under the label of guardianship action. [ABSTRACT FROM AUTHOR]

Copyright of Anuario de la Facultad de Derecho de la Universidad de Alcalá is the property of Dykinson SL and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Nueva Revista de Filología Hispánica is the property of El Colegio de Mexico AC and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The Sicilian Constitution of 1812 was included in a Political System which can be defined as "monarchy restrict" because the political power was mainly in the hands of the Sovereign and the parliament only intervened to put some limits on the "potere regio". The sicilian constitutional experience of 1812 wasn't a breaking off from the constitution, it remained a dualistic system in which the King had legitimate dynasty and most of the members of the Parliament belonged to the Sicilian Nobility. The Parliament didn't represent the nation because the two main governing bodies were the Sovereign and the aristocrats: the "nation", being an abstract juridical bodies couldn't govern directly but only through delegation; consequently the Parliament could represent only a part of the Sicilian Society, that is to say only that fraction that was represented in the Parliament. The Sicilian Parliament of 1812 it cannot be considered as constituent assembly due to the way meetings were called, election and social make up of its members. And therefore canot be considered as expression of constituent power. The Constitution provider for separation of powers but the English Constitutionl model couldn't be put into practice because it was based on royal assent, (the King can do no wrong) and this interna corporis whic would be led to the impeachment as being a political responsibility not a juridical responsibility. There was the addiction of feudalism but all feudal possession were transformed in Habeas corpus. The Constitution transformed the juridical regime of large landed estates from feudal Homage to freeholder homage. [ABSTRACT FROM AUTHOR]

This document is a review of the Bolivian constitutional jurisprudence in reference to habeas corpus and the principle of informality. In this sense, the work seeks to demonstrate how the Constitutional Court was established at the beginning different restrictive rules of informality that makes the exception the rule. Theoretical analysis was performed from the review of case law and regulations. It was concluded on the need to redirect existing constitutional jurisprudence to the legislature's constitutional purposes when creating and designing the habeas corpus and to the nature of the protection of the rights at issue, life and freedom. [ABSTRACT FROM AUTHOR]

At the time of the 10th anniversary of the opening of the detention centre in Guantanamo Bay, many are wondering about the reasons of its very existence in a country that purports to be the defender of the rule of law and human rights. To answer this question, this paper reviews the development of the regulations (both US and international humanitarian law) that are applied to the detainees. It also examines the violations of basic principles of law that have occurred and continue to occur, such as denial of access to ordinary courts and the right to a trial in case of detention, as well as breaches of the protections and guarantees provided by international humanitarian law. Finally, the author analyses the reasons that have allowed the centre to remain in operation despite President Obama's pledge to close it, which he made early on in his term. [ABSTRACT FROM AUTHOR]

This article discusses the use of judicial protection of the fundamental human and civil rights granted under the constitution of Peru. The author references the "Ministerio Público" and the "Defensoría del Pueblo," entities that protect instances of threatened or violated human rights. An overview is given of the development of human rights protection internationally, including the United Nations Universal Declaration of Human Rights, with respect to effective remedies to ensure protection of constitutional rights. Other fundamental judicial rights, including due process and habeas corpus, and relevant court cases are also detailed.

The article focuses on the judgment of the U.S. Supreme Court (SC) in Boumediene v. Bush case on June 12, 2008. It was a writ of habeas corpus submission made on behalf of Lakhdar Boumediene, a naturalized citizen of Bosnia and Herzegovina, held in military detention by the U.S. at the Guantanamo Bay detention camps in Cuba. It is asserted that this judgment is a milestone in the regulation of terrorism, particularly towards the indefinite time of detention in the Guantanamo Military Base.

Within the framework of Procedural Law, this paper aims at analyzing the abovementioned Act and how said body of rules treats the protection of people's rights regarding the disclosure, amendment under any form provided by law, elimination and use of personal data recorded in data bases as well as how the holder of said records may use them for commercial purposes. This article tackles the most outstanding aspects related to the Habeas data Process and its procedural juridical system, together with the procedure and its characteristics to obtain the protection of the claimant. [ABSTRACT FROM AUTHOR]

El artículo discute el "Habeas Corpus" como derecho fundamental y garantía constitucional para proteger la libertad personal. Se hace un análisis histórico del "Habeas Corpus". Se examina el "Habeas Corpus" en algunas legislaciones y en documentos internacionales que lo consagran. Se explica la regulación del derecho en Colombia y se analiza la norma constitucional vigente, teniendo en cuenta el desarrollo jurisprudencial realizado por la Corte Constitucional.