PDF Transformative Constitutionalism in Latin America The Emergence of A New Ius Commune Armin Von Bogdandy Ebook Full Chapter

Transformative Constitutionalism in
Latin America: The Emergence of a New

Ius Commune Armin Von Bogdandy
Visit to download the full and correct content document:
https://textbookfull.com/product/transformative-constitutionalism-in-latin-america-the-e
mergence-of-a-new-ius-commune-armin-von-bogdandy/
More products digital (pdf, epub, mobi) instant
download maybe you interests ...
Forgotten Continent A History of the New Latin America

Revised Updated Edition Michael Reid
https://textbookfull.com/product/forgotten-continent-a-history-
of-the-new-latin-america-revised-updated-edition-michael-reid/
History of Modern Latin America 1800 to the Present

Teresa A. Meade
https://textbookfull.com/product/history-of-modern-latin-
america-1800-to-the-present-teresa-a-meade/
Universe in Creation A New Understanding of the Big

Bang and the Emergence of Life Roy R. Gould
https://textbookfull.com/product/universe-in-creation-a-new-
understanding-of-the-big-bang-and-the-emergence-of-life-roy-r-
gould/
State and Nation Making in Latin America and Spain

Republics of the Possible Miguel A. Centeno
https://textbookfull.com/product/state-and-nation-making-in-
latin-america-and-spain-republics-of-the-possible-miguel-a-
centeno/
Logistics Real Estate: The Emergence of a new Asset
Class 1st Edition Quach
https://textbookfull.com/product/logistics-real-estate-the-
emergence-of-a-new-asset-class-1st-edition-quach/
France, Mexico and Informal Empire in Latin America,

1820-1867: Equilibrium in the New World 1st Edition
Edward Shawcross
https://textbookfull.com/product/france-mexico-and-informal-
empire-in-latin-america-1820-1867-equilibrium-in-the-new-
world-1st-edition-edward-shawcross/
A history of modern Latin America 1800 to the present

Second Edition Meade
https://textbookfull.com/product/a-history-of-modern-latin-
america-1800-to-the-present-second-edition-meade/
Gun Control Policies in Latin America Diego Sanjurjo
https://textbookfull.com/product/gun-control-policies-in-latin-
america-diego-sanjurjo/
Coalitions and Compliance The Political Economy of

Pharmaceutical Patents in Latin America Shadlen
https://textbookfull.com/product/coalitions-and-compliance-the-
political-economy-of-pharmaceutical-patents-in-latin-america-
shadlen/
i
T R A N SF O R M AT I V E C O N ST I T U T IO NA L I SM
I N L AT I N A M E R IC A
ii
iii
Transformative
Constitutionalism
in Latin America
The Emergence of a New Ius Commune
Edited by
A R M I N VO N B O G DA N DY
E D UA R D O F E R R E R M AC - G R E G O R
M A R I E L A M O R A L E S A N T O N IA Z Z I
F L ÁV IA P IOV E S A N
Managing Editor
X I M E NA S O L EY
1
iv
1
Great Clarendon Street, Oxford, OX2 6DP,
United Kingdom
Oxford University Press is a department of the University of Oxford.
It furthers the University’s objective of excellence in research, scholarship,
and education by publishing worldwide. Oxford is a registered trade mark of
Oxford University Press in the UK and in certain other countries
© The Several Contributors 2017
The moral rights of the authors‌have been asserted
First Edition published in 2017
Impression: 1
All rights reserved. No part of this publication may be reproduced, stored in
a retrieval system, or transmitted, in any form or by any means, without the
prior permission in writing of Oxford University Press, or as expressly permitted
by law, by licence or under terms agreed with the appropriate reprographics
rights organization. Enquiries concerning reproduction outside the scope of the
above should be sent to the Rights Department, Oxford University Press, at the
address above
You must not circulate this work in any other form
and you must impose this same condition on any acquirer
Crown copyright material is reproduced under Class Licence
Number C01P0000148 with the permission of OPSI
and the Queen’s Printer for Scotland
Published in the United States of America by Oxford University Press
198 Madison Avenue, New York, NY 10016, United States of America
British Library Cataloguing in Publication Data
Data available
Library of Congress Control Number: 2017944440
ISBN 978–0–19–879591–9
Printed and bound by
CPI Group (UK) Ltd, Croydon, CR0 4YY
Links to third party websites are provided by Oxford in good faith and
for information only. Oxford disclaims any responsibility for the materials
contained in any third party website referenced in this work.
v
Acknowledgments
This book presents the phenomenon of transformative constitutionalism in Latin

America, founded on the joint development of the constitutional law of various coun-
tries and of international human rights law. It is the fruit of more than a decade of
common projects.
In addition to the authors of this book, we wish in particular to acknowledge the con-
tributions by Paola Andrea Acosta Alvarado, Gonzalo Aguilar, Rodolfo Arango, Gilbert
Armijo, Víctor Bazán, Christina Binder, Clara Burbano Herrera, Roberto F. Caldas,
Encarna Carmona, Jorge Carpizo, Jesús María Casal, Manuel José Cepeda, Magdalena
Correa, Javier Couso, Pedro Cruz Villalón, Alberto R. Dalla Vía, Thomas Duve, Franz
Ebert, Miriam Henríquez, Eloy Espinosa-Saldaña, Héctor Fix-Fierro, Héctor Fix-
Zamudio, Leonardo García Jaramillo, Silvia Gloria, Juan Carlos Henao, Elena Highton
de Nolasco, Alexandra Hunneus, César Landa Arroyo, Andrés Malamud, José Martín y
Pérez de Nanclares, Marcelo Neves, Dieter Nohlen, Richard Ortíz Ortíz, Lorena Ossio,
Néstor Pedro Sagués, Alejandro Saiz Arnaiz, Elizabeth Salmón, Judith Schönsteiner,
José María Serna, Humberto Sierra Porto, Karl-Peter Sommermann, René Urueña,
Pedro Villarreal. Engaging with their critique, comments, enthusiasm, and occasion-
ally skepticism has been a central part of this endeavor.
The project was financially supported by the Leibniz Program of the Deutsche
Forschungsgemeinschaft. The editors thank Ximena Soley, who managed the project, as
well as Nele Yang, Angelika Schmidt, Eleanor Benz, Paulina Fecht, and Lucas Sánchez.
Last but not least, we thank Oxford University Press as well as Jamie Berezin and Eve
Ryle-Hodges for their support in publishing this work.
We also wish to express our gratitude to the UNAM Press for letting us translate and
publish, in whole or in part, the contributions by Pedro Salazar Ugarte (Chapter 4), Martín
Aldao, Laura Clérico, and Liliana Ronconi (Chapter 5), Diego Valadés (Chapter 10),
Manuel Góngora-Mera (Chapter 12), Sergio García Ramírez (Chapter 15), Oscar
Parra Vera (Chapter 18), which originally appeared in Armin von Bogdandy, Héctor
Fix-Fierro, and Mariela Morales Antoniazzi (eds.), Ius Constitutionale Commune en
América Latina. Rasgos, Potencialidades y Desafíos (IIJ-UNAM, 2014).
Armin von Bogdandy, Heidelberg
Eduardo Ferrer Mac-Gregor, Mexico City/San José
Mariela Morales Antoniazzi, Heidelberg
Flávia Piovesan, São Paulo/Brasília
January 2017
vi
vi
Table of Contents
Table of Cases ix
Table of Instruments xxiii
List of Contributors xxix
I N T R O D U C T IO N
1. Ius Constitutionale Commune en América Latina: A Regional Approach to
Transformative Constitutionalism 3
Armin von Bogdandy, Eduardo Ferrer Mac-Gregor, Mariela Morales Antoniazzi,
Flávia Piovesan, and Ximena Soley
I . F R A M EWO R K
2. Ius Constitutionale Commune en América Latina: Observations on
Armin von Bogdandy
3. Ius Constitutionale Commune en América Latina: Context, Challenges,
and Perspectives 49
Flávia Piovesan
4. The Struggle for Rights and the Ius Constitutionale Commune 67
Pedro Salazar Ugarte
5. A Multidimensional Approach to Equality in the Inter-American
Context: Redistribution, Recognition, and Participatory Parity 83
Martín Aldao, Laura Clérico, and Liliana Ronconi
6. Transformative Constitutionalism and the Global South: The View from
South Africa 97
James Fowkes
7. Preserving the Acquis of Transformative Constitutionalism in Times of
Constitutional Crisis: Lessons from the Hungarian Case 123
Pál Sonnevend
I I . T H E D OM E S T IC E L E M E N T
8. The Mexican Constitution of 1917: An Early Example of Radical
Rainer Grote
9. The Amparo as an Instrument of a Ius Constitutionale Commune 171
Allan R. Brewer-Carías
10. The Presidential System in Latin America: A Hallmark and Challenge to a
Latin American Ius Constitutionale Commune 191
Diego Valadés
vi
viii Table of Contents
11. The “New” Latin American Constitutionalism: Old Wine in New Skins 211
Roberto Gargarella
12. The Block of Constitutionality as the Doctrinal Pivot of a Ius Commune 235
Manuel Eduardo Góngora-Mera
13. Inter-Americanization: Its Legal Bases and Political Impact 255
Mariela Morales Antoniazzi and Pablo Saavedra Alessandri
I I I . T H E I N T E R- A M E R IC A N E L E M E N T
14. The Inter-American System of Human Rights: Essential Features 279
Sabrina Ragone
15. The American Human Rights Navigation: Toward a Ius Commune 301
Sergio García Ramírez
16. The Conventionality Control as a Core Mechanism of the Ius
Constitutionale Commune 321
Eduardo Ferrer Mac-Gregor
17. The Transformative Dimension of Inter-American Jurisprudence 337
Ximena Soley
18. The Impact of Inter-American Judgments by Institutional Empowerment 357
Oscar Parra Vera
19. The Added Value of the Inter-American Human Rights
System: Comparative Thoughts 377
Laurence Burgorgue-Larsen
Index 409
ix
Table of Cases
INTERNATIONAL AND SUPRANATIONAL
Court of Justice of the European Union

Åklagaren v. Hans Åkerberg Fransson (February 26, 2013) Case C-617/10, Grand Chamber
Judgment �� 140
Commission v. Hungary (November 6, 2012) Case C-286/12, Judgment �� 141
Commission v. Hungary (April 8, 2014) Case C-288/12, Grand Chamber Judgment �� 141
Cruciano Siragusa v. Regione Sicilia—Soprintendenza Beni Culturali E. Ambientali di
Palermo (March 20, 2014) Case C-206/13, Judgment �� 140
Rewe Handelsgesellschaft Nord mbH “Butter-buying Cruises” v. Hauptzollamt [Principal
Customs Office] Kiel (July 7, 1981) Case C-158/80, Judgment �� 401
European Commission on Human Rights

X v. Germany (March 6, 1978) Application No. 7900/77, Decision �� 380
European Court of Human Rights

Baka v. Hungary (May 27, 2014) Application No. 20261/12, Judgment �� 144
Bochan v. Ukraine (No. 2) (February 5, 2015) Application No. 22251/08,
Grand Chamber Judgment �� 380
Broniowski v. Poland (June 22, 2004) Application No. 31443/96,
Certain Legal Questions Concerning the Lists of Candidates Submitted with a View to the
Election of Judges (February 12, 2008) Grand Chamber Advisory Opinion �� 390
Co-existence of the Convention on Human Rights and Fundamental Freedoms of the
Commonwealth of Independent States and the European Convention on Human Rights
(June 2, 2004) Grand Chamber Decision on Competence of the Court to give an
Advisory Opinion �� 390
Fernández Martínez v. Spain (June 12, 2014) Application No. 56030/07,
Grand Chamber Judgment ��407, 408
Grande Stevens v. Italy (March 4, 2014) Application No. 18640/10,
Hutten-Czapska v. Poland (June 19, 2006) Application No. 35014/97,
Ireland v. United Kingdom (January 18, 1978) Application No. 5310/71, Judgment �� 311
Kapetanios and Others v. Greece (April 30, 2015) Application Nos. 3453/12, 42941/12,
and 9028/13, Judgment �� 381
László Magyar v. Hungary (May 20, 2014) Application No. 73593/10, Judgment �� 144
Lucky Dev v. Sweden (November 27, 2014) Application No. 7356/10, Judgment �� 381
Ludenka v. Slovenia (October 6, 2005) Application No. 23032/02, Judgment �� 397
Margus v. Croatia (May 27, 2014) Application No. 4455/10, Grand Chamber Judgment �� 322, 323
National Union of Rail, Maritime and Transport Workers v. United Kingdom
(April 8, 2014) Application No. 31045/10, Judgment �� 408
N.K.M. v. Hungary (May 14, 2013) Application No. 66529/11, Judgment �� 144
O’Keeffe v. Ireland (January 28, 2014) Application No. 35810/09, Grand Chamber Judgment �� 407
Opuz v. Turkey (June 9, 2009) Application No. 33401/02, Grand Chamber Judgment �� 393
Preda and Others v. Romania (April 29, 2014) Application Nos. 9584/02, 33514/02,
38052/02, 3736/03, 17750/03, 25821/03, 29652/03, and 28688/04, Judgment �� 408
x
x Table of Cases
Roşiianu v. Romania (June 24, 2014) Application No. 27329/06, Judgment �� 381
SAS v. France (July 1, 2014) Application No. 43835/11, Grand Chamber Judgment �� 408
Scoppola v. Italy (No. 2) (September 17, 2009) Application No. 10249/03,
Sergey Zolotukhin v. Russia (February 10, 2009) Application No. 14939/03,
SH and Others v. Austria (November 3, 2011) Application No. 57813/00,
SJ v. Belgium (March 19, 2015) Application No. 70055/10, Grand Chamber Judgment �� 407
Soering v. United Kingdom (July 7, 1989) Application No. 14038/88, Judgment �� 311
Stummer v. Austria (July 7, 2011) Application No. 37452/02, Grand Chamber Judgment �� 408
Suso Musa v. Malta (July 23, 2013) Application No. 42337/12, Judgment �� 347
Tyrer v. United Kingdom (April 25, 1978) Application No. 5856/72, Judgment �� 319
Van Der Heijden v. The Netherlands (April 3, 2012) Application No. 42857/05,
Youth Initiative for Human Rights v. Serbia (June 25, 2013) Application No. 48135/06,
Judgment �� 381
Inter-American Commission on Human Rights

Consuelo Herrera and Others v. Argentina (October 2, 1992) Case No. 10.147, 10.240,
10.262, 10.309, and 10.311, Report No. 28/92 �� 292
Franklin Guillermo Aislalla Molina, Ecuador—Colombia (October 21, 2010) Inter-State
Petition IP-02, Report No. 112/10, Admissibility �� 285
Héctor Marcial Garay Hermosilla and Others v. Chile (October 15, 1996) Case No. 10.843,
Report No. 36/96 �� 292
Hugo Leonardo de los Santos Mendoza and Others v. Uruguay (October 2, 1992)
Case Nos. 10.029, 10.036, 10.145, 10.305, 10.372, Report No. 29/92 �� 292
Las Hojas Massacre v. El Salvador (September 24, 1992) Case No. 10.287, Report No. 26/92 �� 292
Nicaragua v. Costa Rica (March 8, 2007) Interstate Case 01/06, Report No. 11/07 �� 285
Verbitsky v. Argentina (September 20, 1994) Case No. 11.012, Report No. 22/94, Friendly
Settlement �� 360
Inter-American Court of Human Rights (Advisory Opinions)

Article 55 of the American Convention on Human Rights Advisory Opinion OC-20,
Series A No. 20 (September 29, 2009) �� 389
Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism
(arts. 13 and 29 American Convention on Human Rights) Advisory Opinion OC-5/85,
Series A No. 5 (November 13, 1985) �� 302
Control of Due Process in the Exercise of the Powers of the Inter-American Commission on
Human Rights (arts. 41 and 44 to 51 of the American Convention on Human Rights)
Advisory Opinion OC-19/05, Series A No. 19 (November 28, 2005) �� 389
Enforceability of the Right to Reply or Correction (arts. 14(1), 1(1) and 2 of the American
Convention on Human Rights) Advisory Opinion OC-7/85, Series A No. 7
(August 29, 1986) ��305, 386
Exceptions to the Exhaustion of Domestic Remedies (art. 46(1), 46(2)(a) and 46(2)(b)
American Convention on Human Rights, Advisory Opinion OC-11/90, Series A No.
11 (August 10, 1990) ��289, 389
Habeas Corpus in Emergency Situations (arts. 27.2, 25.1 and 7.6 American Convention on
Human Rights), Advisory Opinion OC-8/87, Series A No. 8
(January 30, 1987) ��54, 174, 305, 306, 389
International Responsibility for the Promulgation and Enforcement of Laws in Violation
of the Convention (arts. 1 and 2 of the American Convention on Human Rights),
Advisory Opinion OC-14/94, Series A No. 14 (December 9, 1994) �� 389
xi
Table of Cases xi
Interpretation of the American Declaration of the Rights and Duties of Man within the
Framework of Article 64 of the American Convention on Human Rights, Advisory
Opinion OC-10/89, Series A No. 10 (July 14, 1989) ��304, 319
Judicial Guarantees in States of Emergency (arts. 27.2, 25 and 8 American Convention on
Human Rights), Advisory Opinion OC-9/87, Series A No. 9
(October 6, 1987) �� 176, 177, 179, 283
Juridical Condition and Human Rights of the Child, Advisory Opinion OC-17/02,
Series A No. 17 (August 28, 2002) �� 58, 85, 294, 389
Juridical Condition and Rights of the Undocumented Migrants, Advisory Opinion
OC-18/03, Series A No. 18 (September 17, 2003) �� 85, 90, 294, 389
“Other treaties” Subject to the Consultative Jurisdiction of the Court (art. 64 American
Convention on Human Rights), Advisory Opinion OC-1/82, Series A No. 1
(September 24, 1982) ��305, 388
Proposed Amendments to the Naturalization Provisions of the Constitution of Costa Rica,
Advisory Opinion OC-4/84, Series A No. 4 (January 19, 1984) �� 85
Restrictions to the Death Penalty (arts. 4(2) and 4(4) American Convention on Human
Rights), Advisory Opinion OC-3/83, Series A No. 3 (September 8, 1983) �� 54, 305, 389
Rights and Guarantees of Children in the Context of Migration and/or in Need of
International Protection, Advisory Opinion OC-21/14, Series A No. 21
(August 19, 2014) �� 90, 294, 328, 329, 330, 334, 389
The Effect of Reservations on the Entry into Force of the American Convention on Human
Rights (arts. 74 and 75), Advisory Opinion OC-2/82, Series A No. 2
(September 24, 1982) �� 261, 305, 389
The Right to Information on Consular Assistance in the Framework of the Guarantees of
the Due Process of Law, Advisory Opinion OC-16/99, Series A No 16
(October 1, 1999) �� 389
The Word “Laws” in Article 30 of the American Convention on Human Rights, Advisory
Opinion OC-6/86, Series A No. 6 (May 9, 1986) �� 305
Inter-American Court of Human Rights (Judgments and Decisions)

Acevedo Buendía and Others v. Peru (July 1, 2009) Series C No. 198, Preliminary
Objection, Merits, Reparations and Costs �� 384
Acosta Calderón v. Ecuador (June 24, 2005) Series C No. 129, Merits,
Reparations and Costs ��187, 188
Albán Cornejo and Others v. Ecuador (November 22, 2007) Series C No. 171, Merits,
Almonacid Arellano and Others v. Chile (September 26, 2006) Series C No. 154,
Preliminary Objections, Merits, Reparations and Costs ��33, 46, 55, 266, 296, 325,
326, 327, 328, 334, 336, 343, 360, 387, 402
Anzualdo Castro v. Peru (September 22, 2009) Series C No. 202, Preliminary Objection,
Merits, Reparations and Costs �� 383
Anzualdo Castro v. Peru (August 21, 2013) Monitoring Compliance with Judgment, Order
of the Court �� 331
Apitz Barbera and Others (“First Court of Administrative Disputes”) v. Venezuela
(August 5, 2008) Series C No. 182, Preliminary Objection, Merits,
Apitz Barbera and Others (“First Court of Administrative Disputes”) v. Venezuela
(November 23, 2012) Monitoring Compliance with Judgment, Order of the Court �� 331
Artavia Murillo and Others (“In Vitro Fertilizationֹ”) v. Costa Rica
(November 28, 2012) Series C No. 257, Preliminary Objections,
Merits, Reparations and Costs �� 60, 269, 294, 345, 346, 350, 406
Atala Riffo and Daughters v. Chile (February 24, 2012) Series C No. 239,
xi
xii Table of Cases
Baena Ricardo and Others v. Panama (February 2, 2001) Series C No. 72, Merits,
Reparations and Costs �� 60
Baena Ricardo and Others v. Panama (November 28, 2003)
Series C No. 104, Competence �� 396
Bámaca Velásquez v. Guatemala (November 25, 2000) Series No. C 70, Merits �� 293
Bámaca Velásquez v. Guatemala (January 27, 2009) Monitoring Compliance
with Judgment, Order of the Court �� 368
Bámaca Velásquez v. Guatemala (November 18, 2010) Monitoring Compliance
Barrios Altos v. Peru (March 14, 2001) Series C No. 75, Merits �� 33, 54, 55, 269, 270, 271, 273,
293, 291, 314, 323, 326, 344, 360
Barrios Altos v. Peru (September 3, 2001) Series C No. 83, Interpretation of the Judgment
on Merits �� 270
Barrios Altos v. Peru (November 30, 2001) Series C No. 87, Reparations and Costs ��268, 346
Barrios Altos v. Peru (September 22, 2005) Monitoring Compliance with Judgment,
Order of the Court �� 270
Barrios Altos v. Peru (December 7, 2009) Monitoring Compliance with Judgment,
Order of the President of the Inter-American Court of Human Rights �� 271
Blake v. Guatemala (January 24, 1998) Series C No. 36, Merits �� 177
Blake v. Guatemala (January 22, 1999) Series C No. 48, Reparations and Costs �� 326
Boyce and Others v. Barbados (November 20, 2007) Series C No. 69, Preliminary
Objection, Merits, Reparations and Costs �� 264, 328, 401
Bulacio v. Argentina (September 18, 2003) Series C No. 100, Merits,
Reparations and Costs �� 294, 313, 341
Caballero Delgado y Santana v. Colombia (January 29, 1997) Series C No. 31,
Cabrera García and Montiel Flores v. Mexico (November 26, 2010) Series C No. 220,
Preliminary Objections, Merits, Reparations and Costs �� 273, 296, 311, 313, 320, 325,
326, 328, 329, 336, 343, 402
Cabrera García and Montiel Flores v. Mexico (August 21, 2013) Monitoring Compliance
Caesar v. Trinidad and Tobago (March 11, 2005) Series C No. 123, Merits,
Cantoral Benavides v. Peru (August 18, 2000) Series C No. 69, Merits ��54, 177
Cantos v. Argentina (November 28, 2002) Series C No. 97, Merits, Reparations and Costs �� 56
Carpio-Nicolle and Others v. Guatemala (November 22, 2004) Series C No. 117,
Castañeda Gutman v. Mexico (August 6, 2008) Series C No. 184, Preliminary Objections,
Merits, Reparations and Costs ��94, 95, 186, 187, 266, 269
Castañeda Gutman v. Mexico (August 28, 2013) Monitoring Compliance with Judgment,
Castillo Páez v. Peru (November 3, 1997) Series C No. 34, Merits �� 174, 175, 177
Castillo Páez, Loayza Tamayo, Castillo Petruzzi and Others, Ivcher Bronstein and the
Constitutional Court v. Peru, Monitoring Compliance with Judgment
(June 1, 2001) Order of the Court �� 396
Castillo Petruzzi and Others v. Peru (May 30, 1999) Series C No. 52, Merits,
Castillo Petruzzi and Others v. Peru (July 1, 2011) Monitoring Compliance with Judgment,
Chitay Nech and Others v. Guatemala (May 25, 2010) Series C No. 212, Preliminary
Objections, Merits and Costs �� 293
Chocrón Chocrón v. Venezuela (July 1, 2011) Series C No. 227, Preliminary Objections,
Merits, Reparations and Costs �� 14, 56, 328, 402
xi
Table of Cases xiii
Claude Reyes and Others v. Chile (September 19, 2006) Series C No. 151, Merits,
Reparations and Costs �� 268, 274, 297, 327, 342, 360, 381
Claude Reyes and Others v. Chile (November 24, 2008) Monitoring Compliance with
Judgment, Order of the Court �� 275
Community Garifuna Triunfo de la Cruz & Its Members v. Honduras (October 8, 2015)
Series C No. 305, Merits, Reparations and Costs �� 4
Constitutional Court v. Peru (January 31, 2001) Series C No. 71, Merits, Reparations
and Costs �� 56, 179, 187
Constitutional Tribunal v. Ecuador (August 28, 2013) Series C No. 268, Preliminary
Objections, Merits, Reparations and Costs �� 56
Cruz Sánchez and Others v. Peru (April 17, 2015) Series C No. 292, Preliminary
Dacosta Cadogan v. Barbados (September 24, 2009) Series C No. 204, Preliminary
Díaz Peña v. Venezuela (June 26, 2012) Series C No. 244, Preliminary Objection,
Merits, Reparations and Costs ��53, 309
Dismissed Congressional Employees (Aguado-Alfaro and Others) v. Peru
(November 24, 2006) Series C No. 158, Preliminary Objections, Merits,
Reparations and Costs ��60, 296, 327, 328, 343, 402
Dismissed Congressional Employees (Aguado-Alfaro and Others) v. Peru
(November 30, 2007) Request for Interpretation of Judgment, Series C No. 174 �� 330
Durand and Ugarte v. Peru (August 16, 2000) Series C No. 68, Merits �� 177
Escué-Zapata v. Colombia (July 4, 2007) Series C No. 146, Merits, Reparations and Costs �� 293
Expelled Dominicans and Haitians v. Dominican Republic (August 28, 2014) Series C
No. 282, Preliminary Objections, Merits, Reparations and Costs ��90, 294, 297, 300, 328
Fairén Garbi and Solís Corrales v. Honduras (March 15, 1989) Series C No. 6, Merits �� 305
Fermín Ramírez v. Guatemala (June 20, 2005) Series C No. 126, Merits,
Fermín Ramírez v. Guatemala and Raxcacó Reyes v. Guatemala (May 9, 2008) Monitoring
Compliance with Judgment, Order of the Court �� 331
Fernández Ortega and Others v. Mexico (August 30, 2010) Series C No. 215,
Preliminary Objection, Merits, Reparations and Costs �� 268, 273, 294, 326, 328, 402
“Five Pensioners” v. Peru (February 28, 2003) Series C No. 98, Merits,
Fontevecchia and D’Amico v. Argentina (November 29, 2011) Series C No. 238, Merits,
Fornerón and Daugther v. Argentina (April 27, 2012) Series C No. 242, Merits, Reparations
and Costs �� 294
Furlan and Family v. Argentina (August 31, 2012) Series C No. 246, Preliminary
Objections, Merits, Reparations and Costs ��328, 345
García Cruz and Sánchez Silvestre v. Mexico (November 26, 2013) Series C No. 273, Merits,
García Lucero and Others v. Chile (August 28, 2013) Series C No. 267, Preliminary
Objection, Merits and Reparations �� 54
Garrido and Baigorria v. Argentina (August 27, 1998) Series C No. 39,
Gelman v. Uruguay (February 24, 2011) Series C No. 221,
Merits and Reparations �� 33, 46, 55, 266, 296, 310, 323,
328, 329, 336, 370, 371, 383
Gelman v. Uruguay (March 20, 2013) Monitoring Compliance with Judgment,
Order of the Court �� 329, 331, 334, 372
Genie-Lacayo v. Nicaragua (September 13, 1997) Series C No. 45, Application for Judicial
Review of the Judgment of Merits, Reparations and Costs �� 174
xvi
xiv Table of Cases
Girls Yean and Bosico v. Dominican Republic (September 8, 2005), Series C No. 130,
Preliminary Objection, Merits, Reparations and Costs ��33, 34, 60, 92, 294, 343
Girls Yean and Bosico v. Dominican Republic (November 23, 2006) Series C No. 156,
Interpretation of the Judgment of Preliminary Objections, Merits, Reparations ��90, 91, 294
Godínez Cruz v. Honduras (January 20, 1989) Series C No. 5, Merits ��305, 314
Godínez Cruz v. Honduras (July 21, 1989) Series C No. 8, Reparations and Costs �� 396
Goiburú and Others v. Paraguay (September 22, 2006) Series C No. 153, Merits,
Gomes Lund and Others (“Guerrilha do Araguaia”) v. Brazil (November 24, 2010) Series C
No. 219, Preliminary Objections, Merits, Reparations and Costs ��33, 55, 262, 328, 334, 402
Gómez Paquiyauri Brothers v. Peru (July 8, 2004) Series C No. 110, Merits,
Gonzales Lluy and Others v. Ecuador (September 1, 2015) Series C No. 298,
Preliminary Objections, Merits, Reparations and Costs ��59, 92, 345
González and Others (“Cotton Field”) v. Mexico (November 16, 2009) Series C No. 205,
Preliminary Objection, Merits, Reparations and Costs ��33, 34, 58, 87, 92, 294,
342, 346, 362, 393
González and Others (“Cotton Field”) v. Mexico (May 21, 2013) Monitoring Compliance
with Judgment, Order of the Court ��331, 362
Gudiel Álvarez and Others (“Diario Militar”) v. Guatemala (November 20, 2012) Series C
No. 253, Merits, Reparations and Costs �� 54, 328, 402
Heliodoro Portugal v. Panama (August 12, 2008) Series C No. 186, Preliminary Objections,
Merits, Reparations and Costs �� 296, 328, 329, 346, 387, 402
Herrera Ulloa v. Costa Rica (July 2, 2004) Series C No. 107, Preliminary Objections,
Hilaire, Constantine and Benjamin and Others v. Trinidad and Tobago
(June 21, 2002) Series C No. 9, Merits, Reparations and Costs �� 56
Ibsen Cárdenas and Ibsen Peña v. Bolivia (September 1, 2010) Series C No. 217,
Ituango Massacres v. Colombia (July 1, 2006) Series C No. 148, Preliminary Objections,
Merits, Reparations and Costs ��54, 319, 347, 364, 373
Ituango Massacres v. Colombia (May 21, 2013) Monitoring Compliance with Judgment,
Ivcher Bronstein v. Peru (September 24, 1999) Series C No. 54, Competence ��309, 311
Ivcher Bronstein v. Peru (February 6, 2001) Series C No. 74, Merits,
J v. Peru (November 27, 2013) Series C No. 275, Preliminary Objection,
Joint Monitoring Compliance of 11 cases v. Guatemala (August 21, 2014) Monitoring
“Juvenile Reeducation Institute” v. Paraguay (September 2, 2004) Series C No. 112,
Preliminary Objections, Merits, Reparations and Costs ��53, 294
Kaliña and Lokono Peoples v. Suriname (November 25, 2015) Series C No. 309,
Kawas-Fernández v. Honduras (April 3, 2009) Series C No. 196, Merits, Reparations and Costs �� 346
Kichwa Indigenous People of Sarayaku v. Ecuador (June 27, 2012) Series C No. 245,
Merits and Reparations �� 293
Kimel v. Argentina (May 2, 2008) Series C No. 177, Merits, Reparations and Costs ��269, 360
Kimel v. Argentina (February 5, 2013) Monitoring Compliance with Judgment,
Kuna Indigenous People of Madungandí and the Emberá Indigenous People of Bayano
and their Members v. Panama (October 14, 2014) Series C No. 284, Preliminary
xv
Table of Cases xv
La Cantuta v. Peru (November 29, 2006) Series C No. 162, Merits,

Reparations and Costs ��33, 268, 314, 328, 360, 402
“Las Dos Erres Massacre” v. Guatemala (November 24, 2009) Series C No. 211, Preliminary
Objections, Merits, Reparations and Costs �� 175, 186, 314, 393
Las Palmeras v. Colombia (February 4, 2000) Series C No. 67, Preliminary Objections �� 386
Liakat Ali Alibux v. Suriname (January 30, 2014) Series C No. 276, Preliminary Objections,
Loayza Tamayo v. Peru (September 17, 1997) Series C No. 33, Merits �� 326
Loayza Tamayo v. Peru (July 1, 2011) Monitoring Compliance with Judgment, Order of
the Court �� 331
López Mendoza v. Venezuela (September 1, 2011) Series C No. 233, Merits, Reparations
and Costs ��328, 402
López Álvarez v. Honduras (February 1, 2006) Series C No. 141, Merits, Reparations and Costs �� 293
Lori Berenson Mejía v. Peru (November 25, 2004) Series C No. 119, Merits,
Lori Berenson Mejía v. Peru (June 20, 2012) Monitoring Compliance with Judgment,
Manuel Cepeda Vargas v. Colombia (May 26, 2010) Series C No. 2, Preliminary Objections,
“Mapiripán Massacre” v. Colombia (September 15, 2005) Series C No. 134, Merits,
Maritza Urrutia v. Guatemala (November 27, 2003) Series No. C 103, Merits, Reparations
and Costs ��54, 294
Massacres of El Mozote and Nearby Places v. El Salvador (October 25, 2012) Series C
No. 252, Merits, Reparations and Costs �� 269, 271, 310, 311
Matter of James and Others Regarding Trinidad and Tobago (April 3, 2009) Order of the Court ��309
Mayagna (Sumo) Awas Tingni Community v. Nicaragua (August 31, 2001) Series C No. 66,
Preliminary Objections �� 33
Mayagna (Sumo) Awas Tingni Community v. Nicaragua (August 31, 2001) Series C No. 79,
Merits, Reparations and Costs ��57, 177, 268, 272, 293
Mayagna (Sumo) Awas Tingni Community v. Nicaragua (April 3, 2009) Monitoring
Mendoza and Others v. Argentina (May 14, 2013) Series C No. 260, Preliminary
Objections, Merits and Reparations ��54, 328
Miguel Castro Castro Prison v. Peru (November 25, 2006) Series C No. 160, Merits,
Moiwana Community v. Suriname (June 15, 2005) Series C No. 124, Preliminary
Molina-Theissen v. Guatemala (May 4, 2004) Series C No. 106, Merits �� 294
Myrna Mack Chang v. Guatemala (November 25, 2003) Series C No. 101, Merits,
Nadege Dorzema and Others v. Dominican Republic (October 24, 2014) Series C No. 251,
Neira Alegría and Others v. Peru (January 19, 1995) Series C No. 20, Merits �� 54
Pacheco Teruel and Others v. Honduras (April 27, 2012) Series C No. 241, Merits,
Pacheco Tineo Family v. Bolivia (November 25, 2013) Series C No. 272, Preliminary
Palamara Iribarne v. Chile (November 22, 2005) Series C No. 135, Merits,
Plan de Sánchez Massacre v. Guatemala (April 29, 2004) Series C No. 105, Merits ��293, 314
Provisional Measures with Regard to the State of El Salvador (May 29, 2013)
xvi
xvi Table of Cases
Radilla Pacheco v. Mexico (November 23, 2009) Series C No. 209, Preliminary Objections,
Merits, Reparations and Costs ��74, 262, 273, 297, 325, 326, 328, 329, 335, 344, 402
Radilla Pacheco v. Mexico (May 14, 2013) Monitoring Compliance with Judgment,
Order of the Court ��34, 331
Radilla Pacheco, Fernández Ortega and Others, and Rosendo Cantú and Others v. Mexico,
Monitoring Compliance with Judgment (April 17, 2015) Order of the Court �� 274
Reverón Trujillo v. Venezuela (June 30, 2009) Series C No. 197, Preliminary Objection,
Río Negro Massacres v. Guatemala (September 4, 2012) Series C No. 250,
Preliminary Objection, Merits, Reparations and Costs �� 314, 328, 346
Río Negro Massacres and Gudiel Álvarez and Others v. Guatemala (August 21, 2014)
Monitoring Compliance with Judgment, Order of the Court �� 331
Rochela Massacre v. Colombia (May 11, 2007) Series C No. 163, Merits,
Rodríguez Vera and Others (“The Disappeared from the Palace of Justice”) v. Colombia
(November 14, 2014) Series C No. 287, Preliminary Objections, Merits,
Reparations and Costs �� 56, 349, 393
Rosendo Cantú and Others v. Mexico (August 31, 2010) Series C No. 216, Preliminary
Objection, Merits, Reparations and Costs ��268, 273, 293, 294, 326, 328, 393, 402
Santo Domingo Massacre v. Colombia (November 30, 2012) Series C No. 259, Preliminary
Objections, Merits and Reparations ��328, 402
Saramaka People v. Suriname (November 28, 2007) Series C No. 172, Preliminary
Sawhoyamaxa Indigenous Community v. Paraguay (March 29, 2006) Series No. 146,
Merits, Reparations and Costs �� 293, 347, 361
Serrano-Cruz Sisters v. El Salvador (March 1, 2005) Series C No. 120, Merits,
Suárez Peralta v. Ecuador (May 21, 2013) Series C No. 261, Preliminary Objections,
Suárez Rosero v. Ecuador (November 12, 1997) Series C No. 35, Merits �� 177
Supreme Court of Justice v. Ecuador (August 23, 2013) Series C No. 266, Preliminary
Tarazona Arrieta and Others v. Peru (October 15, 2014) Series C No. 286, Preliminary
Objection, Merits, Reparations and Costs �� 268
Tenorio Roca and Others v. Peru (June 22, 2016) Series C No. 314, Preliminary Objections,
Ticona Estrada and Others v. Bolivia (November 27, 2008) Series C No. 191, Merits,
“The Last Temptation of Christ” (Olmedo Bustos and Others) v. Chile (February 5,
2001) Series C No. 73, Merits, Reparations and Costs ��73, 268, 269, 298, 342, 360, 386, 387
“The Last Temptation of Christ” (Olmedo Bustos and Others) v. Chile (November 28, 2003)
Monitoring Compliance with Judgment, Order of the Court �� 269
Tibi v. Ecuador (September 7, 2004) Series C No. 114, Preliminary Objections, Merits,
Reparation and Costs ��53, 327
Tiu Tojín v. Guatemala (November 26, 2008) Series No. 190, Merits, Reparations and Costs �� 293
Trujillo Oroza v. Bolivia (February 27, 2002) Series C No. 92, Reparations and Costs �� 268
Vargas Areco v. Paraguay (September 26, 2006) Series C No. 155, Merits,
Reparations and Costs �� 54, 269, 327, 342
Velásquez Rodríguez v. Honduras (June 26, 1987) Series C No. 1, Preliminary Objections �� 388
Velásquez Rodríguez v. Honduras (July 29, 1988) Series C No. 4, Merits �� 33, 53, 177, 179,
263, 305, 314, 326
Velásquez Rodríguez v. Honduras (July 21, 1989) Series C No. 7, Reparations and Costs �� 346
Vélez Loor v. Panama (November 23, 2010) Series C No. 218, Preliminary Objections,
xvi
Table of Cases xvii
Véliz Franco and Others v. Guatemala (May 19, 2014) Series C No. 277, Preliminary
Vera Vera and Others v. Ecuador (May 19, 2011) Series C No. 226, Preliminary Objections,
Villagrán Morales (“Street Children”) v. Guatemala (November 1, 1999)
Series C No. 63, Merits ��34, 57, 59, 89, 90, 294, 326
Xákmok Kásek Indigenous Community v. Paraguay (August 24, 2010) Series C No. 214,
Ximenes Lopes v. Brasil (July 4, 2006) Series C No. 149, Merits, Reparations and Costs �� 345
Yakye Axa Indigenous Community v. Paraguay (June 17, 2005) Series C No. 125, Merits,
Reparations and Costs �� 33, 57, 293, 347
Yatama v. Nicaragua (June 23, 2005) Series C No. 127, Preliminary Objections, Merits,
Reparations and Costs ��94, 95, 177, 188, 293
Zambrano Vélez and Others v. Ecuador (July 4, 2007) Series C No. 166, Merits, Reparations
and Costs �� 269
Zambrano Vélez and Others v. Ecuador (September 21, 2009) Monitoring Compliance with
Judgment, Order of the Court �� 331
International Court of Justice

Corfu Channel, UK v. Albania (April 9, 1949), Merits [1949] ICJ Rep 4 �� 341
Permanent Court of International Justice

Exchange of Greek and Turkish Populations (February 21, 1925) Series B No. 10, Advisory
Opinion �� 385
S.S. Lotus (France v. Turkey) (November 7, 1927), 1927 PCIJ Series A No. 10, 18. �� 39
NATIONAL
Argentina
Supreme Court of Justice of the Nation, Calvo y Pesini v. Provincia de Córdoba s/amparo
(February 24, 1998) C.3.XXXI, CSJN Fallos 231:194 �� 86
Supreme Court of Justice of the Nation, Ekmekdjian v. Sofovic (July 7, 1992) E.64.XXIII,
CSJN Fallos 315:1492 �� 324
Supreme Court of Justice of the Nation, Espósito s/incidente de prescripción de la acción
penal promovido por su defensa (December 23, 2004) E.224.XXXIX, CSJN Fallos 327:5668 330
Supreme Court of Justice of the Nation, Gottschau v. Consejo de la Magistratura de la
Ciudad Autónoma de Buenos Aires s/amparo (August 8, 2006) G.841.XXXVI, CSJN
Fallos 329:2986 �� 86
Supreme Court of Justice of the Nation, Hooft v. Provincia de Buenos Aires s/acción
declarativa de inconstitucionalidad (November 16, 2004) H.172.XXXV, CSJN Fallos
327:5118 �� 86
Supreme Court of Justice of the Nation, Mazzeo and Others s/recurso de casación e
inconstitucionalidad (July 21, 2007) M.2333.XLII, CSJN Fallos 328:2056 ��326, 330
Supreme Court of Justice of the Nation, Repetto v. Provincia de Buenos Aires
s/inconstitucionalidad de normas legales (November 8, 1988) CSJN Fallos 312:1902 �� 86
Supreme Court of Justice of the Nation, Simón and Others s/privación ilegítima de la
libertad, etc (Poblete) (June 14, 2005) S.1767.XXXVIII, CSJN Fallos 326:2056 ��271, 344
Bolivia
Constitutional Tribunal (August 19, 2003) SC 1159/03-R �� 247
Constitutional Tribunal (December 1, 2003) SC 1763/03-R �� 247
Constitutional Tribunal (July 2, 2004) SC 1015/04-R �� 247
xvi
xviii Table of Cases

Constitutional Tribunal (September 13, 2004) SC 1464/04-R �� 247
Constitutional Tribunal (November 9, 2004) SC 1764/04-R �� 247
Constitutional Tribunal (March 8, 2005) SC 0018/05 �� 247
Constitutional Tribunal (April 19, 2005) SC 0400/05-R �� 247
Constitutional Tribunal (May 9, 2005) SC 0488/05-R �� 247
Constitutional Tribunal (August 18, 2005) SC 0051/05 �� 247
Constitutional Tribunal (April 27, 2006) SC 0401/06-R �� 247
Constitutional Tribunal (June 2, 2006) SC 0045/06 ��246, 247
Constitutional Tribunal (June 22, 2006) SC 0051/06 �� 247
Constitutional Tribunal (July 10, 2006) SC 0060/06 �� 247
Constitutional Tribunal (November 9, 2006) Auto constitucional 568/06-CA �� 247
Constitutional Tribunal (January 17, 2007) SC 0003/07 �� 247
Constitutional Tribunal (July 3, 2007) SC 0551/07-R �� 247
Constitutional Tribunal (August 17, 2007) Auto constitucional 0027/07, ECA �� 247
Constitutional Tribunal (May 10, 2010) SC 0110/2010-R ��325, 330
Brazil
Supreme Federal Court (September 30, 1999) ADI-MC No 2.010/DF �� 253
Supreme Federal Court (February 18, 2002) ADI No. 595-2/ES �� 253
Supreme Federal Court (February 22, 2002) ADI No. 1.120/PA �� 253
Supreme Federal Tribunal São Paulo (December 3, 2008) 466.343-1,
Recurso Extraordinário �� 255
Colombia
Constitutional Court (September 24, 1992) Ruling C-543/92 �� 180
Constitutional Court (May 13, 1994) Ruling T-231/94 �� 180
Constitutional Court (May 18, 1995) Ruling C-225/95 ��244, 248
Constitutional Court (August 5, 1997) Ruling C-358/97 �� 248
Constitutional Court (May 6, 1998) Ruling C-191/98 �� 248
Constitutional Court (August 11, 1999) Ruling C-582/99 �� 248
Constitutional Court (January 19, 2000) Ruling C-010/00 ��324, 330
Constitutional Court (December 6, 2001) Ruling T-1303/01 �� 249
Constitutional Court (December 7, 2001) Ruling T-1319/01 �� 249
Constitutional Court (April 8, 2005) Ruling T-360/05 �� 330
Constitutional Court (February 26, 2010) Ruling C-141/10 ��11, 35
Constitutional Court (May 11, 2010) Ruling T-367/10 ��364, 373
Constitutional Court (November 23, 2011) Ruling C-936/10 �� 330
Constitutional Court (August 23, 2012) Ruling T-653/12 �� 364
Constitutional Court (February 26, 2013) Ruling T-093-2001 �� 86
Costa Rica
Supreme Court of Justice, Constitutional Chamber (May 9, 1995) Judgment No. 2312-95,
Case File 0421-S-90, Acción de Inconstitucionalidad ��42, 257
Supreme Court of Justice, Constitutional Chamber (May 14, 1996) Judgment No. 2253-96,
Case File 4320-P-92, Acción de Inconstitucionalidad �� 245
xi
Table of Cases xix
Supreme Court of Justice, Constitutional Chamber (March 15, 2000) Judgment No.
02306-00, Case File 95-001734-0007-CO, Acción de Inconstitucionalidad �� 61
Supreme Court of Justice, Constitutional Chamber (December 11, 2002) Judgment No.
11598-02, Case File 02-09957-007-CO, Consulta legislativa �� 246
Dominican Republic
Constitutional Tribunal (September 23, 2013) Decision TC/0168/13 �� 297
Constitutional Tribunal (November 4, 2014) Decision TC/0256/14 ��261, 300
Supreme Court of Justice (November 13, 2003) Resolution No. 1920-2003 ��325, 330
El Salvador
Supreme Court of Justice, Constitutional Chamber (September 26, 2000) Judgment 24–97 �� 246
Supreme Court of Justice, Constitutional Chamber (July 10, 2015) Judgment 323-2012ac �� 257
France
Conseil Constitutionnel (June 19, 1970) Decision No. 70-39 DC �� 240
Conseil Constitutionnel (July 16, 1971) Decision No. 71-44 DC �� 240
Conseil Constitutionnel (January 15, 1975) Decision No. 74-54 �� 241
Conseil Constitutionnel (January 16, 1982) Decision No. 81–132 �� 241
Germany
Federal Constitutional Court (April 24, 2013) BVerfG 1 BvR 1215/07, First Senate Judgment �� 140
Guatemala
Supreme Court of Justice, Criminal Chamber (December 11, 2009)
Sentence No. MP001/2005/46063 �� 330
Sentence No. MP001/2008/63814 �� 330
Sentence No. MP001/2008/2506 �� 330
Constitutional Court (October 22, 2013) Apps. Nos. 1523-2013 and 1543-2013 �� 344
Criminal Court of First Instance for Drug Trafficking and Environmental Crimes
(May 10, 2013) Judgment C-01076-2011-00015 Of. 2º �� 11
Hungary
Constitutional Court, Decision 20/1990 �� 128
Constitutional Court, Decision 23/1990 �� 128, 129, 132
x
xx Table of Cases

Constitutional Court, Decision 45/2012 ��138, 139
Mexico
Supreme Court of Justice of the Nation, Plenary (May 1, 2007) Tesis Jurisprudencial
No. P./J. 18/2007 (Controversia Constitucional) �� 253
Supreme Court of Justice of the Nation, Plenary (July 14, 2011) Case File
“Varios” 912/2010 �� 41, 325, 330, 403
Supreme Court of Justice of the Nation, Plenary (September 3, 2013) Contradicción de
Tesis 293/2011 ��262, 403
Supreme Court of Justice of the Nation, Plenary (April 25, 2014)
Tesis P./J. 21/2014 (10a.) �� 326
Supreme Court of the State of Michoacán, Fourth Criminal Chamber (January 10,
2012) Judgment No. 2809/2012 �� 80
Niger
Constitutional Court (January 16, 2002) Arret No. 2002-004/CC �� 243
Panama
National Supreme Court (May 12, 2010) Agreement No. 240 �� 330
Paraguay
Supreme Court of Justice of Paraguay, Defensoría del pueblo v. Municipalidad de San
Lorenzo s/Amparo, Acción de inconstitucionalidad (October 15, 2015) Case File 1306 �� 327
Peru
Constitutional Tribunal (January 3, 1997) File No. 0004-1996-I/TC �� 245
Constitutional Tribunal (December 15, 2000) File No. 0689-2000 AC/TC ��245, 250
Constitutional Tribunal (May 23, 2002) File No. 0012-2001-I/TC �� 245
Constitutional Tribunal (January 27, 2003) File No. 2483-2002-AA/TC �� 250
Constitutional Tribunal (August 27, 2003) File No. 0007-2002-AI/TC �� 249
Constitutional Tribunal (September 25, 2003) File No. 0669-2003-AA/TC �� 250
Constitutional Tribunal (December 29, 2003) File No. 0013-2003-CC/TC �� 249
Constitutional Tribunal (April 6, 2004) File No. 2579-2003-HD/TC �� 251
Constitutional Tribunal (April 20, 2004) File No. 2945-2003-AA/TC �� 251
Constitutional Tribunal (July 5, 2004) File No. 0090-2004-AA/TC �� 251
Constitutional Tribunal (February 15, 2005) File No. 0046-2004-PI/TC ��249, 250
Constitutional Tribunal (February 18, 2005) File No. 002-2005-PI/TC �� 250
Constitutional Tribunal (April 1, 2005) File No. 0048-2004-PI/TC �� 251
Constitutional Tribunal (May 16, 2005) File No. 0053-2004-PI/TC �� 250
Constitutional Tribunal (September 27, 2005) File No. 0020-2005-PI/TC �� 250
Constitutional Tribunal (September 27, 2005) File No. 0021-2005-PI/TC �� 250
Constitutional Tribunal (November 18, 2005) File No. 0005-2005-CC/TC �� 250
xxi
Table of Cases xxi
Constitutional Tribunal (April 24, 2006) File No. 0047-2004-AI/TC ��62, 250
Constitutional Tribunal (July 21, 2006) File No. 2730-2006-PA/TC ��257, 325
Constitutional Tribunal (August 9, 2006) File No. 0003-2005-PI/TC �� 251
Constitutional Tribunal (August 29, 2006) File No. 0033-2005-PI/TC �� 250
Constitutional Tribunal (December 15, 2006) File No. 0012-2006-PI/TC �� 251
Constitutional Tribunal (March 20, 2007) File No. 0031-2005-PI/TC �� 250
Constitutional Tribunal (May 16, 2007) File No. 0002-2006-PI/TC �� 251
Constitutional Tribunal (June 19, 2007) File No. 00007-2007-PI/TC ��188, 330
Constitutional Tribunal (October 24, 2007) File No. 0018-2007-PI/TC �� 251
Constitutional Tribunal (November 16, 2007) File No. 1972-2007-AA/TC �� 251
Constitutional Tribunal (August 26, 2008) File No. 9632-2006-PC/TC �� 251
Executive Council of the Judiciary (March 11, 2010) Resolución administrativa
No. 089-2010- CE-PJ �� 260
Executive Council of the Judiciary (June 2, 2010) Resolución administrativa
No. 193-2010- CE-PJ �� 260
Supreme Court of Justice (April 7, 2009) File No. A.V. 19-2001 �� 271
South Africa
Constitutional Court, Azanian Peoples Organization (AZAPO) and others v. President of the
Republic of South Africa (July 25, 1996) CCT17/96, ZACC 16; 1996 (4) SA 672 (CC) ��103
Constitutional Court, Bhe v. Magistrate, Khayelitsha (October 15, 2004) CCT49/03,
ZACC 17; 2005 (1) SA 580 (CC) ��104, 110
Constitutional Court, City of Johannesburg Metropolitan Municipality v. Blue Moonlight
Properties 39 (Pty) Ltd (1 December 1, 2011) CCT37/11, ZACC 33; 2012 (2)
SA 104 (CC) �� 108
Constitutional Court, Doctors for Life International v. Speaker of the National Assembly
(August 17, 2006) CCT12/05, ZACC 111; 2006 (6) SA 416 (CC) �� 114
Constitutional Court, Du Plessis v. De Klerk (May 15, 1996) CCT8/95, ZACC 10; 1996
(3) SA 850 (CC) �� 98
Constitutional Court, Ferreira v. Levin NO; Vryenhoek v. Powell NO and others
(December 6, 1995) CCT5/95, ZACC 13; 1996 (1) SA 984 (CC) �� 98
Constitutional Court, Glenister v. President of the Republic of South Africa
(October 22, 2008) CCT41/08, ZACC 19; 2009 (1) SA 287 (CC) �� 117
Constitutional Court, Glenister v. President of the Republic of South Africa
(March 17, 2011) CCT48/10, ZACC 6; 2011 (3) Sa 347 (CC) �� 118
Constitutional Court, Gory v. Kolver NO (November 23, 2006) CCT28/06, ZACC 20; 2007
(4) SA 97 (CC) �� 106
Constitutional Court, Government of the Republic of South Africa v. Grootboom
Constitutional Court, Head of Department, Department of Education, Free State Province
v. Welkom High School; Head of Department, Department of Education, Free State
Province v. Harmony High School and Another (July 10, 2013) CCT103/12, ZACC 25;
2013 (9); 2014 (2) SA 228 (CC) �� 114
Constitutional Court, Mazibuko v. City of Johannesburg (October 8, 2009) CCT39/09,
ZACC 28; 2010 (4) SA 1 (CC) �� 108
Constitutional Court, Minister of Health v. Treatment Action Campaign No. 2
(July 5, 2002) CCT8/02, ZACC 15; 2002 (5) SA 721 (CC) �� 108
Constitutional Court, Minister of Home Affairs v. Fourie (December 1, 2005) CCT60/04,
ZACC 19; 2006 (1) SA 524 (CC) �� 106
Constitutional Court, Moseneke v. Master of the High Court (December 6, 2000)
CCT51/00, ZACC 27; 2001 (2) SA 18 (CC) �� 104
xxi
xxii Table of Cases
Constitutional Court, National Coalition for Gay and Lesbian Equality v. Minister of Justice
Constitutional Court, Nokotyana v. Ekurhuleni Municipality (November 19, 2009)
CCT31/09, ZACC 33; 2010 (4) BCLR 312 (CC) �� 108
Constitutional Court, Occupiers of 51 Olivia Road, Berea Township and 197 Main Street,
Johannesburg v. City of Johannesburg (February 19, 2008) CCT24/07, ZACC 1;
2008 (3) SA 208 (CC) �� 108
Constitutional Court, Port Elizabeth Municipality v. Various Occupiers
Constitutional Court, Prince v. President of the Law Society of the Cape of Good Hope
(January 25, 2002) CCT36/00, ZACC 1; 2002 (2) SA 794 (CC) �� 106
Constitutional Court, S v. Jordan (October 9, 2002) (CCT31/01) ZACC 22; 2002 (6)
SA 642; 2002 (11) BCLR 1117 �� 106
Constitutional Court, S v. Makwanyane (June 6, 1995) CCT3/94, ZACC 3; 1995 (3)
SA 391 (CC) ��106, 156
Constitutional Court, Shilubana v. Nwamitwa (June 4, 2008) CCT03/07, ZACC 9;
2009 (2) SA 66 (CC) �� 110
Constitutional Court, The Citizen 1978 (Pty) Ltd v. McBride (April 8, 2011) CCT23/10,
ZACC 11; 2011 (4) SA 191 (CC) �� 103
Constitutional Court, Van Straaten v. President of the Republic of South Africa
(February 24, 2009) CCT106/08, ZACC 2; 2009 (3) SA 457 (CC) �� 117
Constitutional Court, Volks NO v. Robinson (February 21, 2005) CCT12/04,
ZACC 2; 2005 (5) BCLR 446 (CC) �� 106
Spain
Constitutional Tribunal (April 7, 1981) STC 25/1981 �� 241
Constitutional Tribunal (March 23, 1982) STC 10/1982 �� 241
Constitutional Tribunal (May 4, 1982) STC 18/1982 �� 241
Constitutional Tribunal (May 24, 1982) STC 26/1982 �� 241
Constitutional Tribunal (July 29, 1983) STC 71/1983 �� 241
Uruguay
Supreme Court of Justice, M. L., J., F. F., O., denuncia, excepcion de inconstitucionalidad
arts 1, 2 y 3 de la ley no. 18831 (February 22, 2013) Judgment No. 20/2013 �� 403
Supreme Court of Justice, Sabalsagaray Curutchet, denuncia, excepcion de
inconstitucionalidad arts. 1, 3 y 4 de la ley no. 15.848 (October 19, 2009) Judgment
No. 365/2009 �� 344
Venezuela
Former Supreme Court of Justice, Anselmo Natale (January 31, 1991) Case No. 22 �� 183
Supreme Tribunal of Justice, Constitutional Chamber (December 18, 2008) Case File No.
08-1572, Judgment �� 261
Supreme Tribunal of Justice, Constitutional Chamber (September 10, 2015) Case File No.
15-0992, Judgment �� 261
xxi
Table of Instruments
UNIVERSAL INSTRUMENTS Article 5 �� 379

Article 6 �� 380
Charter of the United Nations
Article 6(1) ��378–9
Article 7 ��380, 382
Article 96(1) �� 404
Article 7(1) ��378, 380
Article 96(2) �� 404
Convention on the Rights of the Child �� 41
Article 10(1) ��378, 381
Article 11(1) ��378, 381
ILO Convention No. 169 �� 402
Article 13 ��175, 178
Articles 6–8 �� 245
Article 15(1) �� 382
Article 15(2) �� 382
International Covenant on Civil and
Political Rights �� 41
Article 32 ��397, 400
Article 2(3) ��175, 178
Article 35(1) �� 339
International Covenant on Economic,
Article 35(2) �� 390
Social and Cultural Rights �� 41
Articles 16–17 �� 93
Article 46 ��347, 397
Rome Statute
Article 46(2) �� 394
Article 47 ��390–1
Universal Declaration of Human
Article 47(1) �� 390
Rights �� 41, 62, 238, 252, 307
Article 47(2) �� 390
Article 8 ��175, 243
Protocol No. 1
Vienna Convention on the Law of Treaties
Article 1 ��144, 391
Articles 26–27 ��331–2
Protocol No. 4
REGIONAL INSTRUMENTS
African Union Article 2 �� 391
African Charter on Human and Article 3 �� 391
Peoples’ Rights ��243, 303 Article 4 �� 391
Article 7 �� 380 Protocol No. 6
Article 50 �� 339 Article 1 �� 391
Protocol to the African Charter on Protocol No. 7
Human and Peoples’ Rights on Article 1 �� 391
the Establishment of an African Article 2 �� 391
Court on Human and Peoples’ Article 3 �� 391
Rights ��98, 303 Article 4 �� 391
Article 4 �� 404 Article 4(1) ��380–1
Protocol No. 12
Council of Europe Article 1 �� 391
European Convention on Human Rights Protocol No. 13
Article 3 �� 378–9, 382 Protocol No. 16
Article 3bis �� 379 Article 1(2) �� 405
Article 4 �� 382 Article 5 ��405–6
xvi
xxiv Table of Instruments
European Court of Human Rights, Article 11 �� 383

Rules of Court Article 12 �� 382
Rule 61 �� 397 Article 13 ��327, 342
Article 13(1) ��378, 381
European Union Article 14 �� 383
Charter of Fundamental Rights of the Article 16 �� 381
European Union Article 16(1) ��378, 381
Article 8(3) �� 141 Article 17 ��382–3
Article 47 �� 380 Article 17(1) �� 407
Article 47(2) �� 141 Article 18 ��382–3
Article 51(1) �� 140 Article 19 ��382–3
Article 52 �� 128 Article 20 ��382–3
Article 52(1) �� 129 Article 21 ��260, 272
Article 52(2) �� 129 Article 23 ��94, 382
Data Protection Directive of the EU Article 25 �� 56, 174–5, 177–8, 185–8,
Article 28(1) �� 141 285, 332–3, 384
European Social Charter �� 384 Article 25(1) �� 175, 185–6, 188
Treaty on European Union Article 26 ��58, 60, 283, 332, 384–5
Article 2 ��36, 140–1 Article 27 ��178, 379, 382
Article 7 �� 140 Article 27(1) �� 382
Treaty on the Functioning of the Article 27(2) ��176, 382
European Union Article 29 �� 4, 63, 318, 331–2
Article 267 �� 404 Article 29(b) ��263–4
Article 29(c) ��263, 302
Mercosur Article 30 �� 305
Protocol of Asunción �� 44 Article 32 �� 302
Protocol of Ushuaia �� 44 Article 33 �� 396
Organization of American States Article 41 ��394–5
Additional Protocol to the American Article 44 ��264, 276, 285
Convention on Human Rights in Article 45 �� 285
the Area of Economic, Social and Article 46 �� 288
Cultural Rights “Protocol of San Article 46(1)(a) �� 339
Salvador” See Protocol of San Salvador Article 50(3) �� 286
American Convention on Human Rights Article 51 �� 395
Article 1 ��58, 282 Article 52 �� 288
Article 1(1) �� 53, 177, 186, 263, 276, Article 57 �� 290
319, 331, 333, 335, 386 Article 61 �� 289
Article 1(2) ��178, 390 Article 62 �� 305
Article 2 ��176, 186, 263, 276, 282, Article 62(1) ��43, 258, 396
297, 319, 329, 331, 333, Article 63 ��290–1
341–2, 384, 385–7 Article 63(1) ��267, 346, 387
Article 3 ��382, 383 Article 63(2) �� 61
Article 4 �� 53, 62, 382–3 Article 64 �� 289, 304, 388, 404
Article 5 �� 53, 62, 378–9 Article 65 �� 394
Article 5(5) �� 383 Article 67 �� 290
Article 6 �� 382 Article 68(1) �� 329, 331–2, 335
Article 7 �� 53, 174, 176, 383 Article 74(2) �� 304
Article 8 ��56, 175 American Declaration on the Rights
Article 8(1) �� 186, 378–80 and Duties of Man �� 41, 252, 262, 280,
Article 8(4) �� 380 283, 284, 303,
Article 9 ��378, 380, 382 316, 319, 389
xv
Table of Instruments xxv
Charter of the Organization of Protocol of Amendment to the

American States �� 283, 284, 286, 304 Charter of the Organization of
Article 1 �� 280 American States “Protocol of
Article 2 �� 280 Buenos Aires” ��58, 388
Article 53 �� 389 Protocol to the American Convention
Inter-American Commission on on Human Rights to Abolish the
Human Rights, Statute Death Penalty �� 284, 306, 333, 391
Article 18 �� 395 Protocol of San Salvador ��284, 333, 385
Inter-American Convention on the Article 8(a) �� 385
Elimination of All Forms of Article 13 ��385, 391
Discrimination Against Persons Article 19 �� 391
with Disabilities ��284, 306, 333 Article 19(1) �� 385
Article VI �� 392 Article 19(6) �� 59
Inter-American Convention on
Forced Disappearance
NATIONAL INSTRUMENTS
of Persons ��56, 284, 305,
306, 333, 391 Argentina
Article III �� 329 Code of Civil and Commercial Procedure
Inter-American Convention against Article 321(2) �� 183
All Forms of Discrimination and Article 498 �� 183
Intolerance ��306, 392 Constitution of Argentina
Inter-American Convention to Article 1 �� 183
Prevent and Punish Torture ��284, 306, Article 2 ��217, 229
333, 391 Article 14 ��215, 217, 229
Inter-American Convention on Article 20 �� 215
the Prevention, Punishment Article 37 �� 223
and Eradication of Violence Article 39 �� 224
against Women (Belém do Pará Article 40 �� 224
Convention) �� 284, 306–7, 333, 391–3 Article 41 �� 223
Inter-American Convention on Article 75(22) �� 41, 62, 223, 324, 353
Protecting the Human Rights of Article 75(23) ��88, 223
Older Persons ��284, 306 Article 94 �� 201
Inter-American Convention against Article 321(2) �� 183
Racism, Racial Discrimination Ley de Obediencia Debida ��55, 295
and Related Forms Ley de Punto Final ��55, 295
of Intolerance ��306, 391
Inter-American Court of Human Bolivia
Rights, Rules of Procedure Constitution of Bolivia
Article 25 �� 64 Article 1 ��164, 223
Article 44 �� 64 Article 5(1) �� 19
Article 69 �� 396 Article 8 ��45, 165
Article 70 �� 289 Article 11 ��223–4
Inter-American Court of Human Article 13 �� 63
Rights, Statute Article 13(4) ��41, 258
Inter-American Democratic Article 33 ��162, 223
Charter ��13, 44, 302 Articles 35–57 �� 162
Article 1 �� 310 Articles 58–70 �� 163
xvi
xxvi Table of Instruments
Article 71 ��163, 223 Article 93 ��41, 62, 223, 248, 258, 324
Articles 73–77 �� 163 Article 103 �� 224
Articles 78–97 �� 162 Article 151 �� 249
Article 82 �� 163 Article 152 �� 248
Article 100 �� 165 Article 155 �� 224
Article 101 �� 165 Article 270 �� 224
Article 109 �� 163 Article 374 �� 224
Article 162 �� 224
Article 182 �� 35 Costa Rica
Article 188 �� 35 Constitution of Costa Rica
Article 240 �� 224 Article 50 �� 223
Article 241 �� 224 Article 95 �� 223
Article 256 �� 41, 63, 223, 318 Article 105 �� 224
Article 289 �� 164 Article 123 �� 224
Articles 306–409 �� 160
Article 359 ��160–1 Cuba
Article 361 ��160–1 Constitution of Cuba of 1901, as
Article 362 ��160–1 amended in 1934
Article 363 ��160–1 Article 39 �� 201
Article 366 ��160–1
Article 410(2) �� 246 Dominican Republic
Constitution of the Dominican Republic
Brazil Article 30 �� 224
Constitution of Brazil Article 39 �� 223
Article 5(2) �� 62 Article 66 �� 223
Article 5(LXXVIII.2) �� 318 Article 74 �� 223
Article 10 �� 224 Article 74(3) ��258, 318
Article 14 �� 224 Article 74(4) �� 318
Article 194 �� 224 Article 203 �� 224
Article 198 �� 224 Article 210 �� 224
Article 204 �� 224 Article 272 �� 224
Chile Ecuador
Constitution of Chile Constitution of Ecuador
Article 5 �� 63 Article 1 ��164, 223
Article 5(2) �� 258 Article 11(3) �� 41
Article 19(8) �� 223 Article 12 �� 162
Law on Access to Public Information Article 13 �� 162
Article 1 �� 274 Article 14 ��162, 223
Articles 21–34 �� 162
Colombia Articles 36–38 �� 162
Constitution of Colombia Articles 43–55 �� 162
Article 40 �� 223 Article 100 �� 224
xxvi
Table of Instruments xxvii
Article 417 �� 41, 223, 258, 318 Article 11(3)–(4) �� 138
Article 424 ��41, 63, 318 Article 12 �� 138
Article 13 ��138, 391
El Salvador Article 19 �� 391
Constitution of El Salvador Basic Law
Article 117 �� 223 Article L(1) �� 139
Article 144 �� 223 Article (R)(3) �� 136
Article IV(2) �� 144
France Article VII(2)–(3) �� 139
Constitution of France ��42, 241 Article IX �� 139
Constitution of France of 1848 Article XII(2) �� 137
Article 13 �� 197 Article XIX �� 137
Article 25 �� 197 Article XXII ��137, 139
Article 43 �� 197 Article XVII(3) �� 137
Article 46 �� 197 Article 26(6) �� 138
Article 47 �� 197 Article 37(4) ��139, 143
Article 49 �� 197 Constitution of Hungary of 1949
Article 68 �� 197 Constitution of Hungary of 1989
Article 69 �� 197 Article 8(2) �� 128
Constitution of France of 1946 ��42, 241 Article 13 �� 131
Declaration of the Rights of Man Article 24(3) �� 127
and of the Citizen �� 42, 202, 240, 241 Article 32/A �� 128
Article 11 �� 381 Article 70/B-F �� 130
Germany Mexico
Basic Law �� 16 Code of Military Justice
Article 19(2) �� 128 Article 57 ��273, 335
Article 57 II(a) �� 326
Guatemala Constitution of Mexico
Constitution of Guatemala Article 1 ��19, 63, 76–8, 80, 258, 318,
Article 46 ��223, 318, 325 325–6, 353, 403
Article 97 �� 223 Article 1(1) �� 41
Article 98 �� 224 Article 2 �� 45, 165, 169, 223
Article 173 �� 224 Article 2(b) �� 223
Article 277 �� 224 Article 4 ��165, 223
Law of Amparo Article 13 �� 326
Honduras Article 83 �� 167
Constitution of Honduras Article 89 �� 259
Article 15 �� 325 Article 123 �� 163
Article 18 �� 223 Article 123 Section XXVII �� 163
Article 143 �� 223 Constitution of Mexico,
original version
Hungary Article 27 ��153–4, 163, 165, 167
Act on the Transitional Provisions of Article 27(1) �� 161
the Basic Law of Hungary Article 27(4) �� 161
Article 8 ��144, 391 Article 123 ��152, 153
Article 11(2) �� 144 General Victims’ Law �� 318
xxivi
xxviii Table of Instruments
Ley Federal de Responsabilidad Peru

Patrimonial del Estado �� 318 Constitution of Peru
Nicaragua
Article 2(19) �� 223
Constitution of Nicaragua Article 32 �� 224
Article 56 �� 223 Article 107 �� 224
Article 60 �� 223 Article 176 �� 224
Article 62 �� 223 Constitutional Procedural Code
Article 138 �� 224 Article 5(8) �� 188
Article 140 �� 224 Article 115 �� 318
Article 196 �� 224 Law No. 28374
Niger
Constitution of Niger of 1999 Spain
Article 113(2)–(3) �� 243 Organic Law on the Spanish
Panama Constitutional Court
Article 28.1 �� 242
Constitution of Panama
Article 118 �� 223 Uruguay
Article 151 �� 224
Constitution of Uruguay
Article 233 �� 244
Article 238 �� 224
Article 313 �� 224
Article 331 �� 224
Article 325 �� 224
Ley de Caducidad de la Pretensión
Paraguay Punitiva del Estado �� 55
Constitution of Paraguay Venezuela
Constitution of Venezuela
Article 23 ��223, 258, 318
Articles 121–123 �� 224
Articles 71–73 �� 224
Article 141 �� 223
Constitution of Paraguay of 1940
Article 117 �� 223
Another random document with
no related content on Scribd:
vigorously engaged upon a vain effort to preserve order by a
passable imitation of Chanticleer saluting the happy morn.
From ‘Q’s’ report of another outbreak of disorder it would appear
that in the House meeting in the ‘thirties of the nineteenth century,
exchange of personalities went far beyond modern experience. The
once heated Maynooth question was to the fore. In the course of an
animated set-to between a Mr. Shaw and Daniel O’Connell, the
former shouted ‘The Hon. Member has charged me with being
actuated by spiritual ferocity. My ferocity is not of the description
which takes for its symbol a death’s head and cross bones.’
O’Connell, as a certain fishwife locally famous for picturesque
language discovered, was hard to beat in the game of vituperation.
Turning upon Shaw, he retorted ‘Yours is a calf’s head and jaw
bones.’
‘Q’ records that the retort was greeted with deafening cheers from
the Ministerial side where O’Connell and his party were seated. Mr.
Shaw’s polite, but perhaps inconsequential, remark had been
received with equal enthusiasm by the Opposition.
AFTER THE BATTLE.
by bennet copplestone.
‘Caesar,’ said a Sub-lieutenant to his friend, a temporary
Lieutenant R.N.V.R., who at the outbreak of war had been a classical
scholar at Oxford, ‘you were in the thick of our scrap yonder off the
Jutland coast. You were in it every blessed minute with the battle
cruisers, and must have had a lovely time. Did you ever, Caesar, try
to write the story of it?’
It was early in June of last year, and a group of officers had
gathered near the ninth hole of an abominable golf course which
they had themselves laid out upon an island in the great landlocked
bay wherein reposed from their labours long lines of silent ships. It
was a peaceful scene. Few even of the battleships showed the scars
of battle, though among them were some which the Germans
claimed to be at the bottom of the sea. There they lay, coaled, their
magazines refilled, ready at short notice to issue forth with every
eager man and boy standing at his action station. And while all
waited for the next call, officers went ashore, keen, after the
restrictions upon free exercise, to stretch their muscles upon the
infamous golf course. It was, I suppose, one of the very worst
courses in the world. There were no prepared tees, no fairway, no
greens. But there was much bare rock, great tufts of coarse grass
greedy of balls, wide stretches of hard, naked soil destructive of
wooden clubs, and holes cut here and there of approximately the
regulation size. Few officers of the Grand Fleet, except those in
Beatty’s Salt of the Earth squadrons, far to the south, had since the
war began been privileged to play upon more gracious courses. But
the Sea Service, which takes the rough with the smooth, with
cheerful and profane philosophy, accepted the home-made links as a
spirited triumph of the handy-man over forbidding nature.
‘Yes,’ said the naval volunteer, ‘I tried many times, but gave up all
attempts as hopeless. I came up here to get first-hand material, and
have sacrificed my short battle leave to no purpose. The more I learn
the more helplessly incapable I feel. I can describe the life of a ship,
and make you people move and speak like live things. But a battle is
too big for me. One might as well try to realise and set on paper the
Day of Judgment. All I did was to write a letter to an old friend, one
Copplestone, beseeching him to make clear to the people at home
what we really had done. I wrote it three days after the battle, but
never sent it. Here it is.’
Lieutenant Caesar drew a paper from his pocket and read as
follows:
‘My dear Copplestone,—Picture to yourself our feelings.

On Wednesday we were in the fiery hell of the greatest naval
action ever fought. A real Battle of the Giants. Beatty’s and
Hood’s battle cruisers—chaffingly known as the Salt of the
Earth—and Evan Thomas’s squadron of four fast Queen
Elizabeths had fought for two hours the whole German High
Seas Fleet. Beatty, in spite of his heavy losses, had
outmanœuvred Fritz’s battle cruisers and enveloped the
German line. The Fifth Battle Squadron had stalled off the
German Main Fleet, and led them into the net of Jellicoe,
who, coming up, deployed between Evan Thomas and Beatty,
though he could not see either, crossed the T of the Germans
in the beautifullest of beautiful manœuvres, and had them for
a moment as good as sunk. But the Lord giveth and the Lord
taketh away; it is sometimes difficult to say Blessed be the
Name of the Lord. For just when we most needed full visibility
the mist came down thick, the light failed, and we were
robbed of the fruits of victory when they were almost in our
hands. It was hard, hard, bitterly hard. But we had done the
utmost which the Fates permitted. The enemy, after being
harried all night by destroyers, had got away home in torn
rags, and we were left in supreme command of the North
Sea, a command more complete and unchallengeable than at
any moment since the war began. For Fritz had put out his full
strength, all his unknown cards were on the table, we knew
his strength and his weakness, and that he could not stand for
a moment against our concentrated power. All this we had
done, and rejoiced mightily. In the morning we picked up from
Poldhu the German wireless claiming the battle as a glorious
victory—at which we laughed loudly. But there was no
laughter when in the afternoon Poldhu sent out an official
message from our own Admiralty which, from its clumsy
wording and apologetic tone, seemed actually to suggest that
we had had the devil of a hiding. Then when we arrived at our
bases came the newspapers with their talk of immense
losses, and of bungling, and of the Grand Fleet’s failure! Oh, it
was a monstrous shame! The country which depends utterly
upon us for life and honour, and had trusted us utterly, had
been struck to the heart. We had come back glowing, exalted
by the battle, full of admiration for the skill of our leaders and
for the serene intrepidity of our men. We had seen our ships
go down and pay the price of sea command—pay it willingly
and ungrudgingly as the Navy always pays. Nothing that the
enemy had done or could do was able to hurt us, but we had
been mortally wounded in the house of our friends. It will take
days, weeks, perhaps months, for England and the world to
be made to understand and to do us justice. Do what you can,
old man. Don’t delay a minute. Get busy. You know the Navy,
and love it with your whole soul. Collect notes and diagrams
from the scores of friends whom you have in the Service; they
will talk to you and tell you everything. I can do little myself. A
Naval Volunteer who fought through the action in a turret,
looking after a pair of big guns, could not himself see anything
outside his thick steel walls. Go ahead at once, do knots, and
the fighting Navy will remember you in its prayers.’
The attention of others in the group had been drawn to the reader
and his letter, and when Lieutenant Caesar stopped, flushed and out
of breath, there came a chorus of approving laughter.
‘This temporary gentleman is quite a literary character,’ said a two-
ring Lieutenant who had been in an exposed spotting top throughout
the whole action, ‘but we’ve made a Navy man of him since he
joined. That’s a dashed good letter, and I hope you sent it.’
‘No,’ said Caesar. ‘While I was hesitating, wondering whether I
would risk the lightning of the Higher Powers, a possible court
martial, and the loss of my insecure wavy rings, the business was
taken out of my hands by this same man to whom I was wanting to
write. He got moving on his own account, and now, though the battle
is only ten days old, the country knows the rights of what we did.
When it comes to describing the battle itself, I make way for my
betters. For what could I see? On the afternoon of May 31, we were
doing gun drill in my turret. Suddenly came an order to put lyddite
into the guns and follow the Control. During the next two hours as
the battle developed we saw nothing. We were just parts of a big
human machine intent upon working our own little bit with faultless
accuracy. There was no leisure to think of anything but the job in
hand. From beginning to end I had no suggestion of a thrill, for a
naval action in a turret is just gun drill glorified, as I suppose it is
meant to be. The enemy is not seen; even the explosions of the
guns are scarcely heard. I never took my ear-protectors from their
case in my pocket. All is quiet, organised labour, sometimes very
hard labour when for any reason one has to hoist the great shells by
the hand purchase. It is extraordinary to think that I got fifty times
more actual excitement out of a squadron regatta months ago than
out of the greatest battle in naval history.’
‘That’s quite true,’ said the Spotting Officer, ‘and quite to be
expected. Battleship fighting is not thrilling except for the very few.
For nine-tenths of the officers and men it is a quiet, almost dull
routine of exact duties. For some of us up in exposed positions in the
spotting tops or on the signal bridge, with big shells banging on the
armour or bursting alongside in the sea, it becomes mighty wetting
and very prayerful. For the still fewer, the real fighters of the ship in
the conning tower, it must be absorbingly interesting. But for the true
blazing rapture of battle one has to go to the destroyers. In a
battleship one lives like a gentleman until one is dead, and takes the
deuce of a lot of killing. In a destroyer one lives rather like a pig, and
one dies with extraordinary suddenness. Yet the destroyer officers
and men have their reward in a battle, for then they drink deep of the
wine of life. I would sooner any day take the risks of destroyer work,
tremendous though they are, just for the fun which one gets out of it.
It was great to see our boys round up Fritz’s little lot. While you were
in your turret, and the Sub. yonder in control of a side battery, Fritz
massed his destroyers like Prussian infantry and tried to rush up
close so as to strafe us with the torpedo. Before they could get fairly
going, our destroyers dashed at them, broke up their masses,
buffeted and hustled them about exactly like a pack of wolves
worrying sheep, and with exactly the same result. Fritz’s destroyers
either clustered together like sheep or scattered flying to the four
winds. It was just the same with the light cruisers as with the
destroyers. Fritz could not stand against us for a moment, and could
not get away, for we had the heels of him and the guns of him. There
was a deadly slaughter of destroyers and light cruisers going on
while we were firing our heavy stuff over their heads. Even if we had
sunk no battle cruisers or battleships, the German High Seas Fleet
would have been crippled for months by the destruction of its
indispensable “cavalry screen.”’
As the Spotting Officer spoke, a Lieutenant-Commander holed out
on the last jungle with a mashie—no one uses a putter on the Grand
Fleet’s private golf course—and approached our group, who, while
they talked, were busy over a picnic lunch.
‘If you pigs haven’t finished all the bully beef and hard tack,’ said
he, ‘perhaps you can spare a bite for one of the blooming ’eroes of
the X Destroyer Flotilla.’ The speaker was about twenty-seven, in
rude health, and bore no sign of the nerve-racking strain through
which he had passed for eighteen long-drawn hours. The young
Navy is as unconscious of nerves as it is of indigestion. The
Lieutenant-Commander, his hunger satisfied, lighted a pipe and
joined in the talk.
‘It was hot work,’ said he, ‘but great sport. We went in sixteen and
came out a round dozen. If Fritz had known his business, I ought to
be dead. He can shoot very well till he hears the shells screaming
past his ears, and then his nerves go. Funny thing how wrong we’ve
been about him. He is smart to look at, fights well in a crowd, but
cracks when he has to act on his own without orders. When we
charged his destroyers and ran right in he just crumpled to bits. We
had a batch of him nicely herded up, and were laying him out in
detail with guns and mouldies, when there came along a beastly
intrusive Control Officer on a battle cruiser and took him out of our
mouths. It was a sweet shot, though. Someone—I don’t know his
name, or he would hear of his deuced interference from me—
plumped a salvo of twelve-inch common shell right into the brown of
Fritz’s huddled batch. Two or three of his destroyers went aloft in
scrap-iron, and half a dozen others were disabled. After the first hour
his destroyers and light cruisers ceased to be on the stage; they had
flown quadrivious—there’s an ormolu word for our classical volunteer
—and we could have a whack at the big ships. Later, at night, it was
fine. We ran right in upon Fritz’s after-guard of sound battleships and
rattled them most tremendous. He let fly at us with every bally gun
he had, from four-inch to fourteen, and we were a very pretty mark
under his searchlights. We ought to have been all laid out, but our
loss was astonishingly small, and we strafed two of his heavy ships.
Most of his shots went over us.’
‘Yes,’ called out the Spotting Officer, ‘yes, they did, and ricochetted
all round us in the Queen Elizabeths. There was the devil of a row.
The firing in the main action was nothing to it. All the while you were
charging, and our guns were masked for fear of hitting you, Fritz’s
bonbons were screaming over our upper works and making us say
our prayers out loud in the Spotting Tops. You’d have thought we
were at church. I was in the devil of a funk, and could hear my teeth
rattling. It is when one is fired on and can’t hit back that one thinks of
one’s latter end.’
‘Did any of you see the Queen Mary go?’ asked a tall thin man
with the three rings of a Commander. ‘Our little lot saw nothing of the
first part of the battle; we were with the K.G. Fives and Orions.’
‘I saw her,’ spoke a Gunnery Lieutenant, a small, quiet man with
dreamy, introspective eyes—the eyes of a poet turned gunner. ‘I saw
her. She was hit forward, and went in five seconds. You all know
how. It was a thing which won’t bear talking about. The Invincible
took a long time to sink, and was still floating bottom up when
Jellicoe’s little lot came in to feed after we and the Salt of the Earth
had eaten up most of the dinner. I don’t believe that half the Grand
Fleet fired a shot.’
There came a savage growl from officers of the main Battle
Squadrons, who, invited to a choice banquet, had seen it all cleared
away before their arrival. ‘That’s all very well,’ grumbled one of them;
‘the four Q.E.s are getting a bit above themselves because they had
the luck of the fair. They didn’t fight the High Seas Fleet by their
haughty selves because they wanted to, you bet.’
The Gunnery Lieutenant with the dreamy eyes smiled. ‘We
certainly shouldn’t have chosen that day to fight them on. But if the
Queen Elizabeth herself had been with us, and we had had full
visibility—with the horizon a hard dark line—we would have willingly
taken on all Fritz’s twelve-inch Dreadnoughts and thrown in his battle
cruisers.’
‘That’s the worst of it,’ grumbled the Commander, very sore still at
having tasted only of the skim milk of the battle; ‘naval war is now
only a matter of machines. The men don’t count as they did in
Nelson’s day.’
‘Excuse me, sir,’ remarked the Sub-Lieutenant; ‘may I say a word
or two about that? I have been thinking it out.’
There came a general laugh. The Sub-Lieutenant, twenty years of
age, small and dark and with the bright black eyes of his mother—a
pretty little lady from the Midi de la France whom his father had met
and married in Paris—did not look like a philosopher, but he had the
clear-thinking, logical mind of his mother’s people.
‘Think aloud, my son,’ said the Commander. ‘As a living
incarnation of l’Entente Cordiale, you are privileged above those
others of the gun-room.’
The light in the Sub’s eyes seemed to die out as his gaze turned
inwards. He spoke slowly, carefully, sometimes injecting a word from
his mother’s tongue which could better express his meaning. He
looked all the while towards the sea, and seemed scarcely to be
conscious of an audience of seniors. His last few sentences were
spoken wholly in French.
‘No—naval war is a war of men, as it always was and always will
be. For what are the machines but the material expression of the
souls of the men? Our ships are better and faster than the German
ships, our guns heavier and more accurate than theirs, our gunners
more deadly than their gunners, because our Navy has the greater
human soul. The Royal Navy is not a collection of lifeless ships and
guns imposed upon men by some external power as the Kaiser
sought to impose a fleet upon the Germans, a nation of landsmen.
The Navy is only a matter of machines in so far as human beings
can only achieve material ends by material means. I look upon the
ships and guns as secreted by the men just as a tortoise secretes its
shell. They are the products of naval thought, and naval brains, and,
above all, of that ever-expanding naval soul (l’esprit) which has been
growing for a thousand years. Our ships yonder are materially new,
the products almost of yesterday, but really they are old, centuries
old; they are the expression of a naval soul working, fermenting,
always growing through the centuries, always seeking to express
itself in machinery. Naval war is an art, the art of men, and where in
the world will one find men like ours, officers like ours? Have you
ever thought whence come those qualities which one sees glowing
every day in our men, from the highest Admiral to the smallest ship
boy—have you ever thought whence they come?’
He paused, still looking out to sea. His companions, all of them his
superiors in rank and experience, stared at him in astonishment, and
one or two laughed. But the Commander signalled for silence. ‘Et
après,’ he asked quietly; ‘d’où viennent ces qualités?’ Unconsciously
he had sloughed the current naval slang and spoke in the native
language of the Sub.
The effect was not what he had expected. At the sound of the
Commander’s voice speaking in French the Sub-Lieutenant woke
up, flushed, and instantly reverted to his English self. ‘I am sorry, sir.
I got speaking French, in which I always think, and when I talk
French I talk the most frightful rot.’
‘I am not so sure that it was rot. Your theory seems to be that we
are, in the naval sense, the heirs of the ages, and that no nation that
has not been through our centuries-old mill can hope to stand
against us. I hope that you are right. It is a comforting theory.’
‘But isn’t that what we all think, sir, though we may not put it quite
that way? Most of us know that our officers and men are of
unapproachable stuff in body and mind, but we don’t seek for a
reason. We accept it as an axiom. I’ve tried to reason the thing out
because I’m half French; and also because I’ve been brought up
among dogs and horses and believe thoroughly in heredity. It’s all a
matter of breeding.’
‘The Sub’s right,’ broke in the Gunnery Lieutenant with the poet’s
eyes; ‘though a Sub who six months ago was a snotty has no
business to think of anything outside his duty. The Service would go
to the devil if the gun-room began to talk psychology. We excuse it in
this Sub here for the sake of the Entente Cordiale, of which he is the
living embodiment; but had any other jawed at us in that style I would
have sat upon his head. Of course he is right, though it isn’t our
English way to see through things and define them as the French do.
No race on earth can touch us for horses or dogs or prize cattle—or
Navy men. It takes centuries to breed the boys who ran submarines
through the Dardanelles and the Sound and stayed out in narrow
enemy waters for weeks together. Brains and nerves and sea skill
can’t be made to order even by a German Kaiser. Navy men should
marry young and choose their women from sea families, and then
their kids won’t need to be taught. They’ll have the secret of the
Service in their blood.’
‘That’s all very fine,’ observed a Marine Lieutenant reflectively; ‘but
who is going to pay for it all? We can’t. I get 7s. 6d. a day, and shall
have 11s. in a year or two; it sounds handsome, but would hardly run
to a family. Few in the Navy have any private money, so how can we
marry early?’
‘Of course we can’t as things go now,’ said the Gunnery
Lieutenant. ‘But some day even the Admiralty will discover that the
English Navy will become a mere list of useless machines unless the
English naval families can be kept up on the lower deck as well as in
the ward-room and gun-room. Why, look at the names of our
submarine officers whenever they get into the papers for honours.
They are always salt of the sea, names which have been in the Navy
List ever since there was a List. You may read the same names in
the Trafalgar roll and back to the Dutch wars. Most of us were
Pongos before that—shore Pongos who went afloat with Blake or
Prince Rupert—but then we became sailors, and so remained, father
to son. I can only go back myself to the Glorious First of June, but
some of us here in the Grand Fleet date from the Stuarts at least. It
is jolly fine to be of Navy blood, but not all plum jam. One has such a
devil of a record to live up to. In my term at Dartmouth there was a
poor little beast called Francis Drake—a real Devon Drake, a
genuine antique—but what a load of a name to carry! Thank God,
my humble name doesn’t shine out of the history books. And as with
the officers, so with the seamen. Half of them come from my own
county of Devon—the cradle of the Navy. They are in the direct line
from Drake’s buccaneers. Most of the others come from the ancient
maritime counties of the Channel seaboard, where the blood of
everyone tingles with Navy salt. The Germans can build ships which
are more or less accurate copies of our own, but they can’t breed the
men. That is the whole secret.’
The Lieutenant-Commander, whose war-scarred destroyer lay
below refitting, laughed gently. ‘There is a lot in all that, more than
we often realise when we grumble at the cursed obstinacy of our old
ratings, but even you do not go back far enough. It is the old blood of
the Vikings and sea-pirates in us English which makes us turn to the
sea; the rest is training. In no other way can you explain the success
of the Fringes, the mine-sweepers, and patrols, most of them
manned by naval volunteers who, before the war, had never served
under the White Ensign nor seen a shot fired. What is our classical
scholar here, Caesar, but a naval volunteer whom Whale Island and
natural intelligence have turned into a gunner? But as regards the
regular Navy, the Navy of the Grand Fleet, you are right. Pick your
boys from the sea families, catch them young, pump them full to the
teeth with the Navy Spirit—l’esprit marine of our bi-lingual Sub here
—make them drunk with it. Then they are all right. But they must
never be allowed to think of a darned thing except of the job in hand.
The Navy has no use for men who seek to peer into their own souls.
They might do it in action and discover blue funk. We want them to
be no more conscious of their souls than of their livers. Though I
admit that it is devilish difficult to forget one’s liver when one has
been cooped up in a destroyer for a week. It is not nerve that Fritz
lacks so much as a kindly obedient liver. He is an iron-gutted swine,
and that is partly why he can’t run destroyers and submarines
against us. The German liver is a thing to wonder at. Do you know—’
but here the Lieutenant-Commander became too Rabelaisian for my
delicate pen.
The group had thinned out during this exercise in naval analysis.
Several of the officers had resumed their heart-and-club-breaking
struggle with the villainous golf course, but the Sub, the volunteer
Lieutenant, and the Pongo (Marine) still sat at the feet of their
seniors. ‘May I say how the Navy strikes an outsider like me?’ asked
Caesar diffidently. Whale Island, which had forgotten all other Latin
authors, had given him the name as appropriate to one of his
learning.
‘Go ahead,’ said the Commander generously. ‘All this stuff is
useful enough for a volunteer; without the Pongos and the
Volunteers to swallow our tall stories, the Navy would fail of an
audience. The snotties know too much.’
‘I was going to speak of the snotties,’ said Caesar, ‘who seem to
me to be even more typical of the Service than the senior officers.
They have all its qualities emphasised, almost comically
exaggerated. I do not know whether they are never young or that
they never grow old, but there is no essential difference in age and in
knowledge between a snotty six months out of cadet training and a
Commander of six years’ standing. They rag after dinner with equal
zest, and seem to be equally well versed in the profound technical
details of their sea work. Perhaps it is that they are born full of
knowledge. The snotties interest me beyond every type that I have
met. Their manners are perfect and in startling contrast with those of
the average public school boy of fifteen or sixteen—even in College
at Winchester—and they combine their real irresponsible
youthfulness with a grave mask of professional learning which is
delightful to look upon. I have before me the vision of a child of
fifteen with tousled yellow hair and a face as glum as a sea-boot,
sitting opposite to me in the machine which took us back one day to
the boat, smoking a “fag” with the clumsiness which betrayed his
lack of practice, in between bites of “goo” (in this instance Turkish
Delight), of which I had seen him consume a pound. He looked
about ten years old, and in a husky, congested voice, due to the
continual absorption of sticky food, he described minutely to me the
method of conning a battleship in manœuvres and the correct
amount to allow for the inertia of the ship when the helm is centred;
he also explained the tactical handling of a squadron during sub-
calibre firing. That snotty was a sheer joy, and the Navy is full of him.
He’s gone himself, poor little chap—blown to bits by a shell which
penetrated the deck.’
‘In time, Caesar,’ said the Commander, ‘by strict attention to duty
you will become a Navy man. But we have talked enough of deep
mysteries. It was that confounded Sub, with his French imagination,
who started us. What I really wish someone would tell me is this:
what was the “northern enterprise” that Fritz was on when we
chipped in and spoilt his little game?’
‘It does not matter,’ said the Gunnery Lieutenant. ‘We spoilt it,
anyhow. The dear old newspapers talk of his losses in big ships as if
they were all that counted. What has really crippled him has been
the wiping out of his destroyers and fast new cruisers. Without them
he is helpless. It was a great battle, much more decisive than most
people think, even in the Grand Fleet itself. It was as decisive by sea
as the Marne was by land. We have destroyed Fritz’s mobility.’
The men rose and looked out over the bay. There below them lay
their sea homes, serene, invulnerable, and about them stretched the
dull, dour, treeless landscape of their northern fastness. Their minds
were as peaceful as the scene. As they looked a bright light from the
compass platform of one of the battleships began to flicker through
the sunshine—dash, dot, dot, dash. ‘There goes a signal,’ said the
Commander. ‘You are great at Morse, Pongo. Read what it says, my
son.’
The Lieutenant of Marines watched the flashes, and as he read
grinned capaciously. ‘It is some wag with a signal lantern.’ said he. ‘It
reads: Question—Daddy,—what—did—you—do—in—the—Great—
War?’
‘I wonder,’ observed the Sub-Lieutenant, ‘what new answer the
lower deck has found to that question. Before the battle their reply
was: “I was kept doubling round the decks, sonny.”’
‘There goes the signal again,’ said the Pongo; ‘and here comes
the answer.’ He read it out slowly as it flashed word after word: ‘“I
laid the guns true, sonny.”’
‘And a dashed good answer, too,’ cried the Commander heartily.
‘That would make a grand fleet signal before a general action,’
remarked the Gunnery Lieutenant. ‘I don’t care much for Nelson’s
Trafalgar signal. It was too high-flown and sentimental for the lower
deck. It was aimed at the history books, rather than at old tarry-
breeks of the fleet a hundred years ago. No—there could not be a
better signal than just “Lay the Guns True”—carry out your orders
precisely, intelligently, faultlessly. What do you say, my Hun of a
classical volunteer?’
‘It could not be bettered,’ said Caesar.
‘I will make a note of it,’ said the Gunnery Lieutenant, ‘against the
day when, as a future Jellicoe, I myself shall lead a new Grand Fleet
into action.’
L’ILE NANCE.
by rowland cragg.
Nance was a tomboy, or whatever may be the equivalent of this
type in the doggy world, and she looked it. An ungainly body, clad in
a rough coat of silver and grey on a foundation of brown, carried a
head that appeared ill-shaped because of the unusual width of skull.
Over her forehead continually straggled a tangle of hairs that mixed
with others growing stiffly above her snout, and through this cover
were to be seen two pearly eyes that were wondrously bright and
intelligent. She had a trick, too, of tossing her head in a manner
suggestive of nothing so much as a girl throwing back the curls from
face and shoulders, and it seemed to emphasise the tomboy in
Nance. But she had sterling qualities, of which her broad skull and
quick eyes gave more than a hint. If ungainly, her little body was
untiring and as supple as a whiplash, and her legs were as finely
tempered steel springs. She had, too, a rare turn of speed, and it
was the combination of these gifts with her remarkable intelligence
that in later days made her the most noted dog in Craven.
Her puppyhood was unpromising. Indeed, for one born on a farm,
where is lack neither of shelter nor food, her earliest hours were
doubly perilous, for, in addition to the prospect of a watery grave in a
bucket, her existence, and that of the whole litter, was threatened by
negligent nursing. Fate had given the little family a mother not only
herself young, but of all dogs that ever worked on a farm the most
irresponsible. It was quite in keeping with her reputation that Lucy
should bring her children to birth in the exposed hollow trunk of a
tree and then forget the blind, sprawling, whimpering puppies for
hours together. It was going hard with the weaklings when fate again
took a hand in their welfare, this time in the person of young Zub.
It had become evident to the farm folk, to whom matters of birth
and reproduction are commonplaces of daily life, that Lucy’s new
duties had come upon her, and it was plainly evident, too, before the
third day had run, that she was neglecting them. It was then that
young Zub, or Zubdil, as he was indifferently called, either name
serving to distinguish him from Owd Zub, his father, actively bestirred
himself. Hitherto he had done no more than keep his eyes and ears
open as he moved about the farm buildings, but neither soft whimper
nor the sound of tender noses nuzzling against a warm body had
rewarded him. His first deliberate efforts were to watch Lucy’s
comings and goings, in the hope of tracing her hiding-place. But the
mother dog, a poacher at heart and with all a four-footed poacher’s
cunning, had easily beaten him at this game. When he recognised
this, angry at the thought that somewhere a small family was
suffering, he soundly cuffed her about the ears in the hope that she
would bolt for her hiding-place and her blind charges. But the
graceless one, howling, raced no further than to her kennel, and
from its depths kept one watchful eye open for further developments.
‘Drat thee,’ cried Zubdil, as his experiment went wrong, ‘but I’ll find
’em yet.’ He turned and slowly entered the kitchen, where Owd Zub
was quietly chuckling to himself.
‘Shoo’s bested thee, reight an’ all, this time,’ he said. ‘Doesn’t thy
books tell thee owt?’
It was a thrust he was fond of making. Zubdil’s strongly developed
taste for reading was something beyond the old farmer’s
understanding. He would have given but occasional heed to it had
not the younger man taken up works on scientific farming and
breeding, and also studied these subjects in a course of postal
lessons with the Agricultural Department at the Northern University.
New ideas thus acquired often clashed with the father’s ingrained
conservative methods, and they left him sore. A chance to get in a
sly dig at this ‘book larning’ was too good to be missed. He chuckled
again as he asked the question.
The younger man laughed. He was broadening in more ways than
one, and he bore no malice. ‘Happen they do,’ he said. ‘Yo just
watch, fayther, an’ happen yo’ll leearn summat.’
He reached up to the blackened oak beam that spanned the
ceiling, took down his gun, and strolled casually out across the yard.
In a moment Lucy had tumultuously burst out of the kennel and was
dancing about him, all animation and keenness. Graceless she might
be, and lacking in the discharge of her mothering duties, but heart
and soul she was a lover of sport. At the sight of the gun she was in
transports. Unheeding her, young Zub passed on through the gate.
Wriggling through ere it closed, Lucy was after him and away in front
of him like a streak, making river-wards. There, as well she knew,
were the plumpest rabbits. When the old dalesman, his curiosity
whetted, reached a point where he could see without being seen, the
two were ranging the low field where runs the Wharfe. Steadily they
passed along through Dub End and into Lang Pasture, the gun still
hooked in the curl of the man’s arm, then as they came through the
field gate together into the High Garth Lucy’s tail suddenly drooped.
She hesitated, turned about in indecision, and finally, disregarding
the sharp whistle calling her to heel, slid off up the hill under the wall-
side and vanished by the riven oak.
‘Dang it,’ said Owd Zub, greatly interested, and understanding, ‘I
owt to ha’ knawn shoo’d ha’ gooan to ’em if they came owt near ’em.’
By the time he arrived on the spot, and he walked across the field
with a great show of carelessness, Zubdil had the whimpering
youngsters on the grass and was examining them. Couched near by,
her tail going in great pride, Lucy was mothering each one as it was
laid down again.
‘They’re a poor lot,’ said the elder man, eyeing them critically, and
discreetly making no reference to the finding of them; ‘put ’em ivvery
one i’ t’ pail.’
Zubdil did not reply immediately. He was watching one puppy,
more vigorous than any of the rest, trying to prop itself up on its
forelegs. Its sightless eyes were turned towards him, its tiny nostrils
were working, and there was a decided quiver—it was an immature
wagging—in its wisp of a tail. He picked it up again. A tiny patch of
red slid out and licked his hand, and there were faint noises that
brought Lucy’s ears to the prick. Zubdil laughed.
‘Sitha for pluck, fayther,’ he cried. ‘This is best o’ t’ lot. I’se keeping
this for mysen.’
‘Thou’ll drown t’ lot,’ said his father, sharply. ‘We’ve dogs enough
on t’ farm. Besides, they’re hawf deead.’
They are sparing of speech, these Craven dalesmen, but their
words are ever to the point. They have also a stiff measure of
obstinacy in their constitution, as have all men whose forebears for
generations have lived and died amid the everlasting hills. Obstinacy
now showed in the younger man. He put the youngster down beside
the mother dog, gathered up the others into a bag that he took from
his capacious pocket, and rose. Lucy was up in an instant, ears
cocked. Zubdil checked her sternly.
‘Lig thee theer,’ he ordered, and she resumed her nursing under
constraint. Young Zub turned to the elder.
‘I’se keeping it,’ he announced, briefly.
The other knew that tone, and gave in. ‘Well,’ grudgingly, ‘I’se
heving nowt to do wi’ it, then. An’ if theer’s another licence to get, tha
pays for it thysen.’
So the pup was spared, and she flourished and grew apace.
Nance, he called her, after one from a neighbouring farm, thoughts
of whom had been occupying his mind a good deal of late. He
ventured to tell her what he had done when one evening, by chance
that had been occurring frequently of late, he met her by the old
bridge. The girl reddened with pleasure at the implied compliment,
giggled a little, and gave him a playful nudge with her elbow. It was a
nudge that would have upset many a city-bred man. ‘Thou’s a silly
fond fellow,’ she said, but there was no reproach in her words.
Rather was it that in turn he was pleased. It was a little incident that
marked a distinct advance in their relations.
It was also an incident that led young Zub to take more interest in
the dog’s welfare than otherwise he might have done. Dimly floating
at the back of his mind, tinged with romance, was the idea that the
four-footed Nance ought to be worthy of the name she bore. It led
him to take her education in hand seriously, and to the task he
brought all his fieldcraft, his native shrewdness, and his great
patience. He began early, when she was not yet half grown and still
a playful puppy; but, early as he was, someone was before him.
Whatever her demerits as a mother, Lucy excelled in woodcraft and
the art of the chase. She had the soul of an artist for it, which was
perhaps why, as an ordinary working farm dog, she was an
indifferent success. And what she knew she taught her daughter,
taking the young one with her as soon as Nance was strong enough
to stand these excursions. Their favourite time was dawn of day, and
their hunting-ground the woods that mantled the breast of the moors
high above the farm, or the sandy stretches along Wharfe side,
where fat rabbits were abundant. Nance was an apt pupil. She
learned to stalk, to obliterate herself behind seemingly inadequate
cover, to crawl almost without action visible to the eye, and her
instinct for choosing the moment for the final fatal rush was not
bettered even in the older dog.
Thus it happened that when Zubdil took up her training the ground
had been prepared for him better than ever he knew. Yet he began
his task opportunely, for Nance was at the parting of the ways. Lucy
was a clever dog, but her best and finest qualities, neglected through
want of recognition, had deteriorated until she was now no more
than a cunning hunter. The little dog—l’ile Nance she was to
everybody—inherited all her mother’s cleverness, and, happily for
her, Zubdil took her in hand while yet she was in her plastic,
impressionable days. He made her his constant companion. If he
went no further than the length of the field to fasten up the chickens
safe from the predatory fox, he called her to accompany him. If he
went on to the moor, or to the village, or to a neighbouring farm, she
was with him. And she was taught to do strange things. Sometimes
she was sent chasing round a field and brought back to heel in
zigzag tracings. At other times she was bidden to crouch by a gate
and to stir not at all until his return. Sometimes she was sent ahead
at full gallop and then made to stop dead and lie prone, when he
would overtake and pass her, man and dog alike apparently
unconscious of each other’s presence, save for the way in which
those pearly eyes of hers watched his every movement.
It was all done with no more language than can be conveyed in a
whistle. But expressive! With his ash stick tucked under one arm
Zubdil would thrust the better part, as it seemed, of both hands into
his mouth, whence would proceed now a single piercing call, now a
prolonged high-pitched note, now a series of staccato commands,
and ever and again fluty modulations as if a blackbird had joined in
the business. And every note had a definite meaning. It was a great
game for Nance, who at these times was nothing more than two
bright eyes and a pair of ever-working ears. She strove to please
and worked hard, and when it dawned upon the deliberately moving
mind of the young dalesman that he had a dog of unusual parts it
stimulated him to greater efforts. It also stimulated him to secrecy,
though why he could not have explained.
He gave her experience in the rounding-up of the half-wild, hardy,
half-bred sheep on the moorlands, and here she learned to work
dumbly, without yielding to the temptation to nip the flying legs of the
nervous fleeces. It was on these uplands, too, that he received his
first meed of praise, and it fired the smouldering pride in his heart
and lifted him out of the ordinary workaday rut. For it gave him an
idea. It was dipping-time, when the moors had to be thoroughly
scoured for the sheep, and from a dozen farms in the dale below
men had gathered together to co-operate in the work. With them
came their dogs; dogs that barked and fought, dogs that raced hither
and thither irresolutely trying to obey the many and confusing
whistlings, doing their best to please all and giving satisfaction to
none. Young Zub stood on a knoll a little apart, and at his bidding a
silver and grey-brown form flashed among the bracken and the ling,
sometimes buried from sight, at times only the tips of pricked ears
visible, but always making a wider and further stretching circle than
the others. And wherever Nance ranged sheep came into view and
were deftly piloted to the common gathering-ground.
It was Long Abram who first recognised what she was doing.
‘That theer young dog o’ thy lad’s is doing weel,’ he said, turning to
Owd Zub. ‘It’ll mak a rare ’un i’ time.’

PDF Transformative Constitutionalism in Latin America The Emergence of A New Ius Commune Armin Von Bogdandy Ebook Full Chapter

Uploaded by

Copyright:

Available Formats

You might also like

PDF Transformative Constitutionalism in Latin America The Emergence of A New Ius Commune Armin Von Bogdandy Ebook Full Chapter

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

PDF Transformative Constitutionalism in Latin America The Emergence of A New Ius Commune Armin Von Bogdandy Ebook Full Chapter

Uploaded by

Copyright:

Available Formats

Transformative Constitutionalism in

Latin America: The Emergence of a New

Forgotten Continent A History of the New Latin America

History of Modern Latin America 1800 to the Present

Universe in Creation A New Understanding of the Big

State and Nation Making in Latin America and Spain

France, Mexico and Informal Empire in Latin America,

A history of modern Latin America 1800 to the present

Gun Control Policies in Latin America Diego Sanjurjo

Coalitions and Compliance The Political Economy of

This book presents the phenomenon of transformative constitutionalism in Latin

viii Table of Contents

INTERNATIONAL AND SUPRANATIONAL

Court of Justice of the European Union

European Commission on Human Rights

European Court of Human Rights

Inter-​American Commission on Human Rights

Inter-​American Court of Human Rights (Advisory Opinions)

Inter-​American Court of Human Rights (Judgments and Decisions)

xii Table of Cases

Table of Cases xiii

xiv Table of Cases

La Cantuta v. Peru (November 29, 2006) Series C No. 162, Merits,

xvi Table of Cases

Table of Cases xvii

International Court of Justice

Permanent Court of International Justice

xviii Table of Cases

Constitutional Tribunal (August 19, 2004) SC 1366/​04-​R ������������������������������������������������������������������� 247

Table of Cases xix

Table of Cases xxi

xxii Table of Cases

UNIVERSAL INSTRUMENTS Article 5 �������������������������������������������������������� 379

xxiv Table of Instruments

European Court of Human Rights, Article 11 ������������������������������������������������������ 383

Table of Instruments xxv

Charter of the Organization of Protocol of Amendment to the

xxvi Table of Instruments

Table of Instruments xxvii

xxviii Table of Instruments

Ley Federal de Responsabilidad Peru

‘My dear Copplestone,—Picture to yourself our feelings.

You might also like

Inter-American Commission on Human Rights

Inter-American Court of Human Rights (Advisory Opinions)

Inter-American Court of Human Rights (Judgments and Decisions)

Table of Cases xiii

Table of Cases xvii

Constitutional Tribunal (August 19, 2004) SC 1366/04-R �� 247

Table of Cases xix

Table of Cases xxi

UNIVERSAL INSTRUMENTS Article 5 �� 379

European Court of Human Rights, Article 11 �� 383

Table of Instruments xxv

Table of Instruments xxvii