Popular Sovereignty And Constituent Power In Latin America

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Popular Sovereignty and Constituent Power in Latin America

Author : Emelio Betances
Publisher : Springer
ISBN 13 : 1137548258
Total Pages : 208 pages
Book Rating : 4.1/5 (375 download)

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Book Synopsis Popular Sovereignty and Constituent Power in Latin America by : Emelio Betances

Download or read book Popular Sovereignty and Constituent Power in Latin America written by Emelio Betances and published by Springer. This book was released on 2016-11-24 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book combines a bottom-up and top-down approach to the study of social movements in relationship to the development of constituent and constituted power in Latin America. The contributors to this volume argue that the radical transformation of liberal representative democracy into participative democracy is what colours these processes as revolutionary. The core themes include popular sovereignty, constituted power, constituent power, participatory democracy, free trade agreements, social citizenship, as well as redistribution and recognition issues. Unlike other collections, which provide broad coverage of social movements at the expense of depth, this book is of thematic focus and illuminates the relationships between rulers and ruled as they transform liberal democracy.

Sovereignty in Action

Author : Bas Leijssenaar
Publisher : Cambridge University Press
ISBN 13 : 1108483518
Total Pages : 247 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Sovereignty in Action by : Bas Leijssenaar

Download or read book Sovereignty in Action written by Bas Leijssenaar and published by Cambridge University Press. This book was released on 2019-07-18 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sovereignty, originally the figure of 'sovereign', then the state, today meets new challenges of globalization and privatization of power.

Constituent Power

Author : Arvidsson Matilda Arvidsson
Publisher : Edinburgh University Press
ISBN 13 : 147445500X
Total Pages : 272 pages
Book Rating : 4.4/5 (744 download)

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Book Synopsis Constituent Power by : Arvidsson Matilda Arvidsson

Download or read book Constituent Power written by Arvidsson Matilda Arvidsson and published by Edinburgh University Press. This book was released on 2020-08-18 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: With a strong focus on constitutional law, this book examines the legal as well as the political power of 'the people' in constitutional democracies. Bringing together an international range of contributors from the USA, Latin America, the UK and continental Europe, it explores the complex relationship between constitutional democracy and 'the people' from the angles of constitutional law, legal theory, political theory, and history. Contributors explore this relationship through the lens of radical democracy, engaging with the work of key figures such as Hannah Arendt, Carl Schmitt, Claude Lefort, and Jacques Ranciere.

Constituent Power and the Law

Author : Joel Colón-Ríos
Publisher : Oxford University Press
ISBN 13 : 0191089087
Total Pages : 368 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Constituent Power and the Law by : Joel Colón-Ríos

Download or read book Constituent Power and the Law written by Joel Colón-Ríos and published by Oxford University Press. This book was released on 2020-03-26 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constituent power is the power to create new constitutions. Frequently exercised during political revolutions, it has been historically associated with extra-legality and violations of the established legal order. This book examines the relationship between constituent power and the law. It considers the place of constituent power in constitutional history, focusing on the legal and institutional implications that theorists, politicians, and judges have derived from it. Commentators and citizens have relied on the concept of constituent power to defend the idea that electors have the right to instruct representatives, to negate the doctrine of parliamentary sovereignty, and to argue that the creation of new constitutions must take place through extra-legislative processes, including primary assemblies open to all citizens. More recently, several Latin American constitutions explicitly incorporate the theory of constituent power and allow citizens, acting through popular initiative, to trigger constitution-making episodes that may result in the replacement of the entire constitutional order. Constitutional courts have also at times employed constituent power to justify their jurisdiction to invalidate constitutional amendments that alter the fundamental structure of the constitution and thus amount to a constitution-making exercise. Some governments have used it to defend the legality of attempts to transform the constitutional order through procedures not contemplated in the constitution's amendment rule, but considered participatory enough to be equivalent to 'the people in action', sometimes sanctioned by courts. Building on these findings, Constituent Power and the Law argues that constituent power, unlike sovereignty, should be understood as ultimately based on a legal mandate to produce a particular type of juridical content. In practice, this makes it possible for a constitution-making body to be understood as legally subject to popularly ratified substantive limits.

Negotiating the Power of the People

Author : Lucia Rubinelli
Publisher : Cambridge University Press
ISBN 13 : 110848543X
Total Pages : 279 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Negotiating the Power of the People by : Lucia Rubinelli

Download or read book Negotiating the Power of the People written by Lucia Rubinelli and published by Cambridge University Press. This book was released on 2020-05-21 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the history of the idea of constituent power over five key events, from the French Revolution to the present.

Transformative Constitutionalism in Latin America

Author : Armin von Bogdandy
Publisher : Oxford University Press
ISBN 13 : 0192515462
Total Pages : 448 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Transformative Constitutionalism in Latin America by : Armin von Bogdandy

Download or read book Transformative Constitutionalism in Latin America written by Armin von Bogdandy and published by Oxford University Press. This book was released on 2017-06-16 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: This ground-breaking collection of essays outlines and explains the unique development of Latin American jurisprudence. It introduces the idea of the Ius Constitutionale Commune en América Latina (ICCAL), an original Latin American path of transformative constitutionalism, to an Anglophone audience for the first time. It charts the key developments that have transformed the region and assesses the success of the constitutional projects that followed a period of authoritarian regimes in Latin America. Coined by scholars who have been documenting, conceptualizing, and comparing the development of Latin American public law for more than a decade, the term ICCAL encompasses themes that cross national borders and legal fields, taking in constitutional law, administrative law, general public international law, regional integration law, human rights, and investment law. Not only does this volume map the legal landscape, it also suggests measures to improve society via due legal process and a rights-based, supranational and regionally rooted constitutionalism. The editors contend that with the strengthening of democracy, the rule of law, and human rights, common problems such as the exclusion of wide sectors of the population from having a say in government, as well as corruption, hyper-presidentialism, and the weak normativity of the law can be combatted more effectively in future.

Courts and Social Transformation in New Democracies

Author : Roberto Gargarella
Publisher : Routledge
ISBN 13 : 1351947958
Total Pages : 323 pages
Book Rating : 4.3/5 (519 download)

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Book Synopsis Courts and Social Transformation in New Democracies by : Roberto Gargarella

Download or read book Courts and Social Transformation in New Democracies written by Roberto Gargarella and published by Routledge. This book was released on 2017-03-02 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using case studies drawn from Latin America, Africa, India and Eastern Europe, this volume examines the role of courts as a channel for social transformation for excluded sectors of society in contemporary democracies. With a focus on social rights litigation in post-authoritarian regimes or in the context of fragile state control, the authors assess the role of judicial processes in altering (or perpetuating) social and economic inequalities and power relations in society. Drawing on interdisciplinary expertise in the fields of law, political theory, and political science, the chapters address theoretical debates and present empirical case studies to examine recent trends in social rights litigation.

The Paradox of Constitutionalism

Author : Martin Loughlin
Publisher : OUP Oxford
ISBN 13 : 9780199552207
Total Pages : 386 pages
Book Rating : 4.5/5 (522 download)

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Book Synopsis The Paradox of Constitutionalism by : Martin Loughlin

Download or read book The Paradox of Constitutionalism written by Martin Loughlin and published by OUP Oxford. This book was released on 2008-08-28 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: In modern political communities ultimate authority is often thought to reside with 'the people'. This book examines how constitutions act as a delegation of power from 'the people' to representative and expert institutions, and looks at the attendant problems of maintaining the legitimacy of these constitutional arrangements.

The Adventures of the Constituent Power

Author : Andrew Arato
Publisher : Cambridge University Press
ISBN 13 : 1107126797
Total Pages : 483 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The Adventures of the Constituent Power by : Andrew Arato

Download or read book The Adventures of the Constituent Power written by Andrew Arato and published by Cambridge University Press. This book was released on 2017-11-30 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the democratic methods by which political communities make their basic law, and the dangers associated with constitution-making.

Legacies of the Left Turn in Latin America

Author : Manuel Balán
Publisher : University of Notre Dame Pess
ISBN 13 : 0268106606
Total Pages : 349 pages
Book Rating : 4.2/5 (681 download)

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Book Synopsis Legacies of the Left Turn in Latin America by : Manuel Balán

Download or read book Legacies of the Left Turn in Latin America written by Manuel Balán and published by University of Notre Dame Pess. This book was released on 2020-01-31 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legacies of the Left Turn in Latin America: The Promise of Inclusive Citizenship contains original essays by a diverse group of leading and emerging scholars from North America, Europe, and Latin America. The book speaks to wide-ranging debates on democracy, the left, and citizenship in Latin America. What were the effects of a decade and a half of left and center-left governments? The central purpose of this book is to evaluate both the positive and negative effects of the Left turn on state-society relations and inclusion. Promises of social inclusion and the expansion of citizenship rights were paramount to the center-left discourses upon the factions' arrival to power in the late 1990s and early 2000s. This book is a first step in understanding to what extent these initial promises were or were not fulfilled, and why. In analyzing these issues, the authors demonstrate that these years yield both signs of progress in some areas and the deepening of historical problems in others. The contributors to this book reveal variation among and within countries, and across policy and issue areas such as democratic institution reforms, human rights, minorities’ rights, environmental questions, and violence. This focus on issues rather than countries distinguishes the book from other recent volumes on the left in Latin America, and the book will speak to a broad and multi-dimensional audience, both inside and outside the academic world. Contributors: Manuel Balán, Françoise Montambeault, Philip Oxhorn, Maxwell A. Cameron, Kenneth M. Roberts, Nathalia Sandoval-Rojas, Daniel M. Brinks, Benjamin Goldfrank, Roberta Rice, Elizabeth Jelin, Celina Van Dembroucke, Nora Nagels, Merike Blofield, Jordi Díez, Eve Bratman, Gabriel Kessler, Olivier Dabène, Jared Abbott, Steve Levitsky

We the Mediated People

Author : Joshua Braver
Publisher : Oxford University Press
ISBN 13 : 0197650635
Total Pages : 265 pages
Book Rating : 4.1/5 (976 download)

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Book Synopsis We the Mediated People by : Joshua Braver

Download or read book We the Mediated People written by Joshua Braver and published by Oxford University Press. This book was released on 2023-01-27 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on author's thesis (doctoral - YaleUniversity, 2018) issued under title: We, the mediated people: revolution, inclusion, and unconventional adaptation in post-Cold War South America.

Post Sovereign Constitution Making

Author : Andrew Arato
Publisher : Oxford University Press
ISBN 13 : 0191074020
Total Pages : 300 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Post Sovereign Constitution Making by : Andrew Arato

Download or read book Post Sovereign Constitution Making written by Andrew Arato and published by Oxford University Press. This book was released on 2016-03-10 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional politics has become a major terrain of contemporary struggles. Contestation around designing, replacing, revising, and dramatically re-interpreting constitutions is proliferating worldwide. Starting with Southern Europe in post-Franco Spain, then in the ex-Communist countries in Central Europe, post-apartheid South Africa, and now in the Arab world, constitution making has become a project not only of radical political movements, but of liberals and conservatives as well. Wherever new states or new regimes will emerge in the future, whether through negotiations, revolutionary process, federation, secession, or partition, the making of new constitutions will be a key item on the political agenda. Combining historical comparison, constitutional theory, and political analysis, this volume links together theory and comparative analysis in order to orient actors engaged in constitution making processes all over the world. The book examines two core phenomena: the development of a new, democratic paradigm of constitution making, and the resulting change in the normative discussions of constitutions, their creation, and the source of their legitimacy. After setting out a theoretical framework for understanding these developments, Andrew Arato examines recent constitutional politics in South Africa, Hungary, Turkey, and Latin America and discusses the political stakes in constitution-making. The book concludes by offering a systematic critique of the alternative to the new paradigm, populism and populist constituent politics.

Sovereignty in Post-Sovereign Society

Author : Jiří Přibáň
Publisher : Routledge
ISBN 13 : 1317052080
Total Pages : 284 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis Sovereignty in Post-Sovereign Society by : Jiří Přibáň

Download or read book Sovereignty in Post-Sovereign Society written by Jiří Přibáň and published by Routledge. This book was released on 2016-03-09 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sovereignty marks the boundary between politics and law. Highlighting the legal context of politics and the political context of law, it thus contributes to the internal dynamics of both political and legal systems. This book comprehends the persistence of sovereignty as a political and juridical concept in the post-sovereign social condition. The tension and paradoxical relationship between the semantics and structures of sovereignty and post-sovereignty are addressed by using the conceptual framework of the autopoietic social systems theory. Using a number of contemporary European examples, developments and paradoxes, the author examines topics of immense interest and importance relating to the concept of sovereignty in a globalising world. The study argues that the modern question of sovereignty permanently oscillating between de iure authority and de facto power cannot be discarded by theories of supranational and transnational globalized law and politics. Criticising quasi-theological conceptualizations of political sovereignty and its juridical form, the study reformulates the concept of sovereignty and its persistence as part of the self-referential communication of the systems of positive law and politics. The book will be of considerable interest to academics and researchers in political, legal and social theory and philosophy.

The International Element, Statehood and Democratic Nation-building

Author : Dren Doli
Publisher : Springer
ISBN 13 : 3030059952
Total Pages : 232 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis The International Element, Statehood and Democratic Nation-building by : Dren Doli

Download or read book The International Element, Statehood and Democratic Nation-building written by Dren Doli and published by Springer. This book was released on 2019-02-19 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book represents a unique endeavor to elucidate the story of Kosovo’s unilateral quest for statehood. It is an inquiry into the international legal aspects and processes that shaped and surrounded the creation of the state of Kosovo. Being created outside the post-colonial context, Kosovo offers a unique yet controversial example of state emergence both in the theory and practice of creation of states. Accordingly, the book investigates the legal pathways, strategies, developments and policy positions of international agencies/actors and regional players (in particular the EU) that helped Kosovo to establish its independence and gradually acquire statehood. Although contested, Kosovo, and its quest for statehood, represents a unique example of successful unilateral secession. The book therefore explores and analyses patterns of state formation and nation-building in Kosovo, and its transition to democracy. It presents a three-level assessment. First, seen from a historical perspective, the book examines the validity of the right of Kosovar-Albanians to self-determination and remedial secession. Second, from a legal positivist perspective, it scrutinizes all of the legalist arguments that support Kosovo’s right to statehood, and claims that both traditional and legality-based criteria for statehood remain insufficient to determine whether Kosovo has achieved statehood. Third, from a post-factum perspective, the book analyzes the scope and extent to which the internationally blended element was decisive in Kosovo’s state-formation and state-building processes. It explains how the EU’s involvement as an ‘internationally blended element’ in Kosovo’s efforts to achieve statehood was instrumental and played a crucial role in shaping the emerging state. In particular, the book elaborates on how the EU was able to streamline its mode of intervention in the context of state-building and reform.

They Can't Represent Us!

Author : Marina Sitrin
Publisher : Verso Books
ISBN 13 : 1781682372
Total Pages : 299 pages
Book Rating : 4.7/5 (816 download)

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Book Synopsis They Can't Represent Us! by : Marina Sitrin

Download or read book They Can't Represent Us! written by Marina Sitrin and published by Verso Books. This book was released on 2014-06-03 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mass protest movements in disparate places such as Greece, Argentina, and the United States ultimately share an agenda—to raise the question of what democracy should mean. These horizontalist movements, including Occupy, exercise and claim participatory democracy as the ground of revolutionary social change today. Written by two international activist intellectuals and based on extensive interviews with movement participants in Spain, Venezuela, Argentina, across the United States, and elsewhere, this book is an expansive portrait of the assemblies, direct democracy forums, and organizational forms championed by the new movements, as well as an analytical history of direct and participatory democracy from ancient Athens to Zuccotti Park. The new movements put forward the idea that liberal democracy is not democratic, nor was it ever.

Latin America's Left Turns

Author : Maxwell A. Cameron
Publisher :
ISBN 13 : 9781588267399
Total Pages : 0 pages
Book Rating : 4.2/5 (673 download)

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Book Synopsis Latin America's Left Turns by : Maxwell A. Cameron

Download or read book Latin America's Left Turns written by Maxwell A. Cameron and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "An extraordinary collection. This volume is a must-read for anyone interested in the current dynamics of Latin American politics."ùJulio F. Carrion, University of Delaware --

Cultivating Socialism

Author : Rowan Lubbock
Publisher : University of Georgia Press
ISBN 13 : 0820357960
Total Pages : 310 pages
Book Rating : 4.8/5 (23 download)

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Book Synopsis Cultivating Socialism by : Rowan Lubbock

Download or read book Cultivating Socialism written by Rowan Lubbock and published by University of Georgia Press. This book was released on 2024-05-15 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Launched in 2004, the Latin American regional institution of ALBA (Alianza Bolivariana para los Pueblos de Nuestra América: Bolivarian Alliance for the Peoples of Our America) sought to overcome the historical legacies of neocolonial domination by consecrating the values of cooperation, inclusive development, and popular power. As part of a region-wide effort among states and social movements to break out of the the destructive effects of capitalist agriculture, the elevation of food sovereignty—based on the protection of rural livelihoods, land redistribution, and sustainable agricultural production (agroecology)—became a cornerstone of ALBA’s development policy. And yet, these regional aspirations barely saw the light of day, while Venezuela (the beating heart of ALBA) experienced the worst food crisis in its history. How did this come to pass? Based on extensive fieldwork in Venezuela, where the majority of ALBA’s food policies reside, Cultivating Socialism provides the first in-depth study of the ways in which peasants, workers, and states working through ALBA attempted to redress the inequities of commercial agriculture and the limits and contradictions encountered on the road to a regional food sovereignty regime. With his analysis of the politics of food sovereignty within ALBA, Rowan Lubbock offers important lessons about how we might think about emancipatory politics today and in the future.