Rafael Cox Alomar

The Puerto Rico Constitution

• Gebundenes Buch

Produktbeschreibung

This volume examines the constitutional history of Puerto Rico, from the days of Spanish colonization through to the modern era. The book also offers an in-depth analysis of the articles of the constitution, considering their context in the complex relationship between Puerto Rico and the political branches in Washington.

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Produktdetails

• Verlag: Sydney University Press
• Seitenzahl: 304
• Erscheinungstermin: 27. Dezember 2022
• Englisch
• Abmessung: 241mm x 162mm x 22mm
• Gewicht: 599g
• ISBN-13: 9780190461263
• ISBN-10: 0190461268
• Artikelnr.: 66123657

Autorenporträt

Rafael Cox Alomar has a B.A. from Cornell University, a D.Phil. from Oxford University (Marshall Scholar) and a J.D. from Harvard Law School. He consults at the crossroads of international dispute resolution, energy, finance transactions, and federal regulatory matters. Admitted to the bar in Washington D.C., New York, and Puerto Rico, Rafael has practiced law since 2004 in some of the most prestigious international law firms in Washington, acting on behalf of clients on a wide array of dispute resolution and transactional matters. He is a law professor at the University of the District of Columbia's David A. Clarke School of Law, and has been a Visiting Professor at Harvard Law School.

Inhaltsangabe

* CONTENTS
* Series Foreword by Lawrence Friedman
* Prefatory Note
* Foreword by Chief Justice Federico Hernández Denton
* Acknowledgments
* PART ONE The Constitutional History of Puerto Rico
* The Council of Indies 1493-1812
* The Cádiz Constitution of 1812
* Constitutional Developments 1814-1834
* The Royal Statute of 1834
* The Spanish Constitution of 1837
* The Spanish Constitution of 1845
* The Spanish Constitution of 1869
* The Spanish Constitution of 1876
* Constitutional Developments 1877-1897
* The Autonomic Charter of 1897
* The 1898 Spanish American War and the Treaty of Paris
* U.S. Military Rule 1898-1900
* The 1900 Foraker Act
* The U.S. Supreme Court and the Insular Cases 1901
* The 1917 Jones Act
* The 1947 Elective Governor Act
* Public Law 600, the Constitutional Convention and the 1952
Constitution
* Politico-Constitutional Developments post-1952
* Sánchez Valle and Franklin Trust
* PROMESA and Aurelius
* Epilogue: Between Scylla and Charybdis
* PART TWO The Constitution of Puerto Rico and Commentary
* Preamble
* Article I: The Commonwealth
* Section 1. The Commonwealth of Puerto Rico
* Section 2. Form of Government
* Section 3. Geographic Area
* Section 4. Seat of Government
* Article II: The Bill of Rights
* Section 1. Human Dignity and Equality; Discrimination Prohibited
* Section 2. Suffrage; Electoral Franchise
* Section 3. Freedom of Religion; Complete Separation of Church and
State
* Section 4. Freedom of Speech and Press; Peaceful Assembly; Petition
for a Redress of Grievances
* Section 5. Public Education
* Section 6. Freedom of Association
* Section 7. Right to Life, Liberty, and Enjoyment of Property; No
Death Penalty; Due Process; Equal Protection of Laws; Impairment of
Contracts; Exemption of Property from Attachment
* Section 8. Protection against Attacks on Honor, Reputation, and
Private Life
* Section 9. Just Compensation for Private Property
* Section 10. Searches and Seizures; Wiretapping; Warrants
* Section 11. Criminal Prosecutions; Jury Trial; Self Incrimination;
Double Jeopardy; Bail; Imprisonment
* Section 12. Slavery; Involuntary Servitude; Cruel and Unusual
Punishments; Suspension of Civil Rights for Prisoners; Ex Post Facto
Laws; Bills of Attainder
* Section 13. Habeas Corpus; Military Authority Subordinate
* Section 14. Titles of Nobility; Gifts from Foreign Countries
* Section 15. Employment and Imprisonment of Children
* Section 16. Rights of Employees
* Section 17. Right to Organize and Bargain Collectively
* Section 18. Right to Strike, Picket, and Other Legal Concerted
Activities
* Section 19. Liberal Construction of Rights of People and Powers of
Legislative Assembly
* Article III: The Legislature
* Section 1. Legislative Assembly
* Section 2. Number of Members
* Section 3. Senatorial and Representative Districts; Senators and
Representatives at Large
* Section 4. Board to Revise Senatorial and Representative Districts
* Section 5. Qualifications of Members of Legislative Assembly
* Section 6. Residence in District
* Section 7. Representation of Minority Parties; Additional Members
* Section 8. Terms of Office; Vacancies
* Section 9. Powers of Each House
* Section 10. Regular and Special Sessions
* Section 11. Open Sessions
* Section 12. Quorum
* Section 13. Place of Meeting; Adjournment
* Section 14. Privileges and Immunities of Members
* Section 15. Membership Incompatible with Other Offices
* Section 16. Power to Change Executive Departments
* Section 17. Legislative Proceedings
* Section 18. Joint Resolutions
* Section 19. Passage of Bills; Approval by Governor
* Section 20. Line-item Veto
* Section 21. Impeachment Proceedings
* Section 22. Comptroller
* Article IV: The Executive
* Section 1. Governor
* Section 2. Terms of Office; Residence and Office
* Section 3. Qualifications of Governor
* Section 4. Powers and Duties of Governor
* Section 5. Appointment of Secretaries; Council of Secretaries
* Section 6. Executive Departments
* Section 7. Succession to Office of Governor - Permanent Vacancy
* Section 8. Temporary Vacancy
* Section 9. Election by Legislative Assembly in Advance of Qualified
Successor
* Section 10. Removal of Governor
* Article V: The Judiciary
* Section 1. Judicial Power; Supreme Court; Other Courts
* Section 2. Unified Judicial System; Creation, Venue, and Organization
of Courts
* Section 3. Supreme Court as Court of Last Resort; Composition
* Section 4. Sessions and Decisions of Supreme Court; Judicial Review
* Section 5. Original Jurisdiction of Supreme Court
* Section 6. Rules of Evidence and of Civil and Criminal Procedure
* Section 7. Rules of Administration; Chief Justice to Direct
Administration and Appoint Administrative Director
* Section 8. Appointment of Judges, Officers, and Employees
* Section 9. Qualifications of Justices of Supreme Court
* Section 10. Retirement of Judges
* Section 11. Removal of Judges
* Section 12. Political Activity by Judges
* Section 13. Tenure of Judge of Changed or Abolished Court
* Article VI: General Provisions
* Section 1. Municipalities
* Section 2. Power of Taxation; Power to Contract Debts
* Section 3. Rule of Taxation to be Uniformed
* Section 4. Elections
* Section 5. Promulgation of Laws; Effective Date
* Section 6. Failure to Make Appropriations
* Section 7. Appropriations not to Exceed Revenues
* Section 8. Priority of Disbursements if Revenues Insufficient
* Section 9. Use of Public Property and Funds
* Section 10. Extra Compensation for Services; Extension of Term or
Decrease of Salary of Public Officer; Salary for More than One Office
* Section 11. Salaries of Officials; Increase or Decrease
* Section 12. Residence of Governor
* Section 13. Franchises, Rights, Privileges, and Concessions
* Section 14. Land Holding by Corporations
* Section 15. Flag, Seal, and Anthem
* Section 16. Oath of Public Officials and Employees
* Section 17. Removal of Seat of Government in Emergency
* Section 18. Criminal Actions Conducted in Name of People of Puerto
Rico
* Section 19. Natural Resources; Historic or Artistic Sites; Penal
Institutions; Delinquents
* Article VII: Amendments to the Constitution
* Section 1. Proposal of Amendments
* Section 2. Revision of Constitution by Constitutional Convention
* Section 3. Limitation of Amendments
* Article VIII: Senatorial and Representative Districts
* Section 1. Boundaries of Senatorial and Representative Districts
* Section 2. Electoral Zones in San Juan
* Article IX: Transitory Provisions
* Section 1. Laws, Rights, and Liabilities
* Section 2. Existing Officers Continued in Office
* Section 3. Existing Judges Continued in Office
* Section 4. Commonwealth of Puerto Rico as Successor of People of
Puerto Rico
* Section 5. Citizen of the Commonwealth of Puerto Rico to Replace Term
Citizen of Puerto Rico
* Section 6. Political Parties
* Section 7. Laws Supplementing Transitory Provisions
* Section 8. Division of Department of Agriculture and Commerce
* Section 9. First and Second General Elections
* Section 10. Effective Date of Constitution
* Table 1 Puerto Rico's Political Parties circa 1951-1952
* Table 2 Election of the Constitutional Convention August 27, 1951
* Table 3 Constitutional Convention Delegates per Political Party
* Table 4 Delegates to the 1951-1952 Constitutional Convention
Mentioned in Commentary
* Table 5 Puerto Rico Supreme Court Justices Mentioned in Commentary
* Table 6 Insular Cases Involving Puerto Rico
* Bibliographical Essay
* List of Cases
* List of U.S. Treaties and Statutes
* Index
* About the Author