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Author : Javier Andres Couso
Publisher :
Page : 760 pages
File Size : 46,61 MB
Release : 2002
Category : Judicial review
ISBN :
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Author : Gretchen Helmke
Publisher : Cambridge University Press
Page : 353 pages
File Size : 23,40 MB
Release : 2011-01-17
Category : Political Science
ISBN : 1139497162
To what extent do courts in Latin America protect individual rights and limit governments? This volume answers these fundamental questions by bringing together today's leading scholars of judicial politics. Drawing on examples from Argentina, Brazil, Chile, Mexico, Colombia, Costa Rica and Bolivia, the authors demonstrate that there is widespread variation in the performance of Latin America's constitutional courts. In accounting for this variation, the contributors push forward ongoing debates about what motivates judges; whether institutions, partisan politics and public support shape inter-branch relations; and the importance of judicial attitudes and legal culture. The authors deploy a range of methods, including qualitative case studies, paired country comparisons, statistical analysis and game theory.
Author : Rachel Sieder
Publisher : Springer
Page : 314 pages
File Size : 33,63 MB
Release : 2016-04-30
Category : Social Science
ISBN : 1137108878
During the last two decades the judiciary has come to play an increasingly important political role in Latin America. Constitutional courts and supreme courts are more active in counterbalancing executive and legislative power than ever before. At the same time, the lack of effective citizenship rights has prompted ordinary people to press their claims and secure their rights through the courts. This collection of essays analyzes the diverse manifestations of the judicialization of politics in contemporary Latin America, assessing their positive and negative consequences for state-society relations, the rule of law, and democratic governance in the region. With individual chapters exploring Argentina, Brazil, Chile, Colombia, Costa Rica, Mexico, Peru and Venezuela, it advances a comparative framework for thinking about the nature of the judicialization of politics within contemporary Latin American democracies.
Author : Daniel M. Brinks
Publisher : Cambridge University Press
Page : 281 pages
File Size : 35,73 MB
Release : 2018-04-19
Category : Law
ISBN : 1107178363
Analyzes the political roots of the systems of constitutional justice in Latin America, tracing their development over the last 40 years.
Author : Allan R. Brewer-Carías
Publisher : Cambridge University Press
Page : 450 pages
File Size : 17,7 MB
Release : 2009
Category : Law
ISBN : 0521492025
This book examines the most recent trends in the constitutional and legal regulations in all Latin American countries regarding the amparo proceeding. It analyzes the regulations of the seventeen amparo statutes in force in Latin America, as well as the regulation on the amparo guarantee established in Article 25 of the American Convention of Human Rights.
Author : Andrea Castagnola
Publisher : Routledge
Page : 190 pages
File Size : 27,62 MB
Release : 2016-11-03
Category : Political Science
ISBN : 1315520591
After more than seventy years of uninterrupted authoritarian government headed by the Partido Revolucionario Institucional (PRI), Mexico formally began the transition to democracy in 2000. Unlike most other new democracies in Latin America, no special Constitutional Court was set up, nor was there any designated bench of the Supreme Court for constitutional adjudication. Instead, the judiciary saw its powers expand incrementally. Under this new context inevitable questions emerged: How have the justices interpreted the constitution? What is the relation of the court with the other political institutions? How much autonomy do justices display in their decisions? Has the court considered the necessary adjustments to face the challenges of democracy? It has become essential in studying the new role of the Supreme Court to obtain a more accurate and detailed diagnosis of the performances of its justices in this new political environment. Through critical review of relevant debates and using original data sets to empirically analyze the way justices voted on the three main means of constitutional control from 2000 through 2011, leading legal scholars provide a thoughtful and much needed new interpretation of the role the judiciary plays in a country’s transition to democracy This book is designed for graduate courses in law and courts, judicial politics, comparative judicial politics, Latin American institutions, and transitions to democracy. This book will equip scholars and students with the knowledge required to understand the importance of the independence of the judiciary in the transition to democracy.
Author : Siri Gloppen
Publisher : Psychology Press
Page : 228 pages
File Size : 49,48 MB
Release : 2004
Category : Law
ISBN : 9780714655680
Introduction : the accountability function of courts in new democracies / Siri Gloppen, Roberto Gargarella, and Elin Skaar Judicial review in developed democracies / Martin Shapiro How some reflections on the United States' experience may inform African efforts to build court systems and the rule of law / Jennifer Widner The constitutional court and control of presidential extraordinary powers in Colombia / Rodrigo Uprimny The politics of judicial review in Chile in the era of domestic transition, 1990-2002 / Javier A. Couso Legitimating transformation : political resource allocation in the South African constitutional court / Theunis Roux The accountability function of courts in Tanzania and Zambia / Siri Gloppen Renegotiating "law and order" : judicial reform and citizen responses in post-war Guatemala / Rachel Sieder Economic reform and judicial governance in Brazil : balancing independence with accountability / Carlos Santiso In search of a democratic justice what courts should not do : Argentina, 1983-2002 / Roberto Gargarella Lessons learned and the way forward / Irwin P. Stotzky.
Author : Irwin P Stotzky
Publisher : Routledge
Page : 347 pages
File Size : 25,3 MB
Release : 2019-06-04
Category : Political Science
ISBN : 1000009882
The transition to democracy in Latin America encompasses adjustments in norms and institutions regarding the strictures of the rule of law. This book addresses the critical role of the judiciary in the transition. The contributors examine the significance of the independence of the judiciary, which ensures institutional integrity and freedom from p
Author : Linn A. Hammergren
Publisher : Westview Press
Page : 360 pages
File Size : 33,49 MB
Release : 1998
Category : History
ISBN :
The Politics of Justice and Justice Reform in Latin America offers an introduction to the traditional roles and operations of Latin American justice systems and the origins, objectives, and potential of contemporary reform efforts. Its detailed focus on the Peruvian experience is complemented by shorter case studies on Colombia, El Salvador, and Costa Rica and comparative examples from numerous other countries. It views justice reform as both a technical and political process, demonstrating how evolving understandings in both areas have increased conflicts over the limits and direction of future change.
Author : Juan F. Gonzalez-Bertomeu
Publisher : Routledge
Page : 297 pages
File Size : 37,56 MB
Release : 2016-04-20
Category : Law
ISBN : 1317026209
Traditionally relegated because of political pressure and public expectations, courts in Latin America are increasingly asserting a stronger role in public and political discussions. This casebook takes account of this phenomenon, by offering a rigorous and up-to-date discussion of constitutional adjudication in Latin America in recent decades. Bringing to the forefront the development of constitutional law by Latin American courts in various subject matters, the volume aims to highlight a host of creative arguments and solutions that judges in the region have offered. The authors review and discuss innovative case law in light of the countries’ social, political and legal context. Each chapter is devoted to a discussion of a particular area of judicial review, from freedom of expression to social and economic rights, from the internalization of human rights law to judicial checks on the economy, from gender and reproductive rights to transitional justice. The book thus provides a very useful tool to scholars, students and litigants alike.