The Judicialization Of Politics In Latin America

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The Judicialization of Politics in Latin America

Author : Rachel Sieder
Publisher : Springer
ISBN 13 : 1137108878
Total Pages : 314 pages
Book Rating : 4.1/5 (371 download)

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Book Synopsis The Judicialization of Politics in Latin America by : Rachel Sieder

Download or read book The Judicialization of Politics in Latin America written by Rachel Sieder and published by Springer. This book was released on 2016-04-30 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Limits of Judicialization

Author : Sandra Botero
Publisher : Cambridge University Press
ISBN 13 : 1009098349
Total Pages : 363 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis The Limits of Judicialization by : Sandra Botero

Download or read book The Limits of Judicialization written by Sandra Botero and published by Cambridge University Press. This book was released on 2022-08-25 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: Utilizing case studies of seven Latin American countries, this book reassesses the role of legal institutions in the politics of the region.

Cultures of Legality

Author : Javier Couso
Publisher : Cambridge University Press
ISBN 13 : 0521767237
Total Pages : 305 pages
Book Rating : 4.5/5 (217 download)

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Book Synopsis Cultures of Legality by : Javier Couso

Download or read book Cultures of Legality written by Javier Couso and published by Cambridge University Press. This book was released on 2010-04-30 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ideas about law are undergoing dramatic change in Latin America. The consolidation of democracy as the predominant form of government and the proliferation of transnational legal instruments have ushered in an era of new legal conceptions and practices. Law has become a core focus of political movements and policy-making. This volume explores the changing legal ideas and practices that accompany, cause, and are a consequence of the judicialization of politics in Latin America. It is the product of a three-year international research effort, sponsored by the Law and Society Association, the Latin American Studies Association, and the Ford Foundation, that gathered leading and emerging scholars of Latin American courts from across disciplines and across continents.

The Limits of Judicialization

Author : Sandra Botero Cabrera
Publisher :
ISBN 13 : 9781009093859
Total Pages : pages
Book Rating : 4.0/5 (938 download)

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Book Synopsis The Limits of Judicialization by : Sandra Botero Cabrera

Download or read book The Limits of Judicialization written by Sandra Botero Cabrera and published by . This book was released on 2022 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book brings together an interdisciplinary group of scholars to take stock of the role that law and courts have played and are playing today in Latin American politics. Beginning in the 1980s, Latin American courts, especially supreme and constitutional courts, left behind decades of subservience and irrelevance to become crucial political actors across the region. In the intervening decades, the law and legal institutions gained prominence as tools for social contestation and change. Like never before, judges entered the political maelstrom, serving as arbiters between the branches of government in heated debates over policy and the reach of presidential or legislative prerogatives. Working with prosecutors, courts also investigated corruption - not only, as in the past, the misdeeds of prior administrations but also those of people still in power. In the process, politicians began to realize that laws and constitutions perhaps meant mostly as window dressing were becoming more costly, as courts might actually hold them to the standards they were creating. Motivated by these developments, individuals and social movements turned the courts into battlegrounds for the realization and expansion of civil, political, cultural, and socio-economic rights"--

Courts in Latin America

Author : Gretchen Helmke
Publisher : Cambridge University Press
ISBN 13 : 1139497162
Total Pages : 353 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Courts in Latin America by : Gretchen Helmke

Download or read book Courts in Latin America written by Gretchen Helmke and published by Cambridge University Press. This book was released on 2011-01-17 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Unfinished Transition to Democracy in Latin America

Author : Juan Carlos Calleros-Alarcón
Publisher : Routledge
ISBN 13 : 1135907218
Total Pages : 260 pages
Book Rating : 4.1/5 (359 download)

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Book Synopsis The Unfinished Transition to Democracy in Latin America by : Juan Carlos Calleros-Alarcón

Download or read book The Unfinished Transition to Democracy in Latin America written by Juan Carlos Calleros-Alarcón and published by Routledge. This book was released on 2008-11-20 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the political evolution of the judiciary – a usually overlooked political actor – and its capacity to contribute to the process of democratic consolidation in Latin America during the 1990s. Calleros analyzes twelve countries in order to assess the independence, impartiality, political strength and efficiency of the judicial branch. The picture that emerges – with the one exception of Costa Rica – is the persistence of weak judicial systems, unable in practice to check other branches of government, including the executive and the military, while not quite effective in fully protecting human rights or in implementing due process of law guarantees. Aggravating issues, such as corruption, heavy case backlogs, overcrowding of prisons, circumvention of laws and personal vulnerability of judges, make the judiciary the least evolved of the three branches of government in the Latin American transitions to democracy.

Transition To Democracy In Latin America

Author : Irwin P Stotzky
Publisher : Routledge
ISBN 13 : 1000009882
Total Pages : 347 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis Transition To Democracy In Latin America by : Irwin P Stotzky

Download or read book Transition To Democracy In Latin America written by Irwin P Stotzky and published by Routledge. This book was released on 2019-06-04 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Judicial reform in Latin America

Author : Maria Dakolias
Publisher : Hoover Press
ISBN 13 : 9780817957032
Total Pages : 40 pages
Book Rating : 4.9/5 (57 download)

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Book Synopsis Judicial reform in Latin America by : Maria Dakolias

Download or read book Judicial reform in Latin America written by Maria Dakolias and published by Hoover Press. This book was released on with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: An essay on the need for a well functioning judiciary system in Latin America.

Shifting Legal Visions

Author : Ezequiel A. González-Ocantos
Publisher : Cambridge University Press
ISBN 13 : 1107145236
Total Pages : 343 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Shifting Legal Visions by : Ezequiel A. González-Ocantos

Download or read book Shifting Legal Visions written by Ezequiel A. González-Ocantos and published by Cambridge University Press. This book was released on 2016-08-18 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: An in-depth study of processes of judicial transformation that enabled the success of human rights trials in Latin America.

The Rule of Law in Nascent Democracies

Author : Rebecca Bill Chavez
Publisher : Stanford University Press
ISBN 13 : 9780804748124
Total Pages : 284 pages
Book Rating : 4.7/5 (481 download)

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Book Synopsis The Rule of Law in Nascent Democracies by : Rebecca Bill Chavez

Download or read book The Rule of Law in Nascent Democracies written by Rebecca Bill Chavez and published by Stanford University Press. This book was released on 2004 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains how the rule of law emerges and how it survives in nascent democracies. The question of how nascent democracies construct and fortify the rule of law is fundamentally about power. By focusing on judicial autonomy, a key component of the rule of law, this book demonstrates that the fragmentation of political power is a necessary condition for the rule of law. In particular, it shows how party competition sets the stage for independent courts. Using case studies of Argentina at the national level and of two neighboring Argentine provinces, San Luis and Mendoza, this book also addresses patterns of power in the economic and societal realms. The distribution of economic resources among members of a divided elite fosters competitive politics and is therefore one path to the requisite political fragmentation. Where institutional power and economic power converge, a reform coalition of civil society actors can overcome monopolies in the political realm.

The Latin American Casebook

Author : Juan F. Gonzalez-Bertomeu
Publisher : Routledge
ISBN 13 : 1317026209
Total Pages : 270 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis The Latin American Casebook by : Juan F. Gonzalez-Bertomeu

Download or read book The Latin American Casebook written by Juan F. Gonzalez-Bertomeu and published by Routledge. This book was released on 2016-04-20 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Judicial Sector in Latin America and the Caribbean

Author : Maria Dakolias
Publisher : World Bank Publications
ISBN 13 : 9780821336120
Total Pages : 96 pages
Book Rating : 4.3/5 (361 download)

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Book Synopsis The Judicial Sector in Latin America and the Caribbean by : Maria Dakolias

Download or read book The Judicial Sector in Latin America and the Caribbean written by Maria Dakolias and published by World Bank Publications. This book was released on 1996-01-01 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Professional analysis of essential elements of judicial reform, as provided in any country-specific review by the World Bank. As political and economic development continue, greater attention needs to be given to judicial reform. Basic elements of judicial reform include: guaranteeing judicial independence through changes in judicial budgeting, judicial appointment, and disciplinary systems; adopting procedural reforms; enhancing public access to justice; incorporating gender issues in the reform process; and redefining/expanding legal education and training"--Handbook of Latin American Studies, v. 57.

Elusive Reform

Author : Mark Ungar
Publisher : Lynne Rienner Publishers
ISBN 13 : 9781588260352
Total Pages : 298 pages
Book Rating : 4.2/5 (63 download)

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Book Synopsis Elusive Reform by : Mark Ungar

Download or read book Elusive Reform written by Mark Ungar and published by Lynne Rienner Publishers. This book was released on 2002 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: Democracy cannot exist, proclaims Ungar (political science, City U. of New York-Brooklyn College) without the rule of law, which he defines as comprising an independent effective judiciary, state accountability to the law, and citizen accessibility to conflict-resolution mechanisms. He looks to Latin American countries to illustrate how stable democracies are undermined by executive power and judicial disarray that prevent the rule of law from taking hold. Annotation copyrighted by Book News, Inc., Portland, OR.

The Judiciary and Democratic Decay in Latin America

Author : William Prillaman
Publisher : Praeger
ISBN 13 :
Total Pages : 216 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Judiciary and Democratic Decay in Latin America by : William Prillaman

Download or read book The Judiciary and Democratic Decay in Latin America written by William Prillaman and published by Praeger. This book was released on 2000-04-30 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Prillaman argues that a sound judiciary is critical for building popular support for democracy and laying the foundations for sustainable economic development, but that most Latin American governments have made virtually no progress toward building a more effective judiciary. He shows that the traditional approach to judicial reform is flawed on several levels. Reformers are wrong to focus on a single aspect of the judiciary on the assumption that one reform naturally leads to another. In fact, all aspects of the courts are so closely related that failure to reform one aspect creates a negative synergy that ultimately undermines the reformed areas. Instead, a successful reform strategy must simultaneously tackle independence, accountability, access, and efficiency; otherwise, it is virtually assured of failure. As Prillaman points out, judicial reform is not merely a technical process that can be isolated from broader economic and political forces. Rather, it is an inherently political process that will be opposed by forces ranging from politicians accustomed to stocking the courts to judges and court personnel reluctant to accept greater oversight and professional norms. Based on four case studies, Prillaman concludes that failed judicial reforms have led to growing support for mob lynching and vigilante justice that promises to fill the void created by ineffectual courts—ultimately challenging the quality and sustainability of democracy. An invaluable survey for political scientists, students, and researchers involved with democratic consolidation, institution building, and comparative judicial politics in Latin America specifically and the developing world in general.

Democratization and the Judiciary

Author : Roberto Gargarella
Publisher : Routledge
ISBN 13 : 1135756155
Total Pages : 228 pages
Book Rating : 4.1/5 (357 download)

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Book Synopsis Democratization and the Judiciary by : Roberto Gargarella

Download or read book Democratization and the Judiciary written by Roberto Gargarella and published by Routledge. This book was released on 2004-03-01 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title examines the political role of courts in new democracies in Latin America and Africa, focusing on their ability to hold political power-holders accountable when they act outside their constitutionally defined powers. The book also issues a warning: there are problems inherent in the current global move towards strong constitutional government, where increasingly strong powers are placed in the hands of judges who themselves are not made accountable.

The Politics Of Justice And Justice Reform In Latin America

Author : Linn A. Hammergren
Publisher : Westview Press
ISBN 13 :
Total Pages : 360 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Politics Of Justice And Justice Reform In Latin America by : Linn A. Hammergren

Download or read book The Politics Of Justice And Justice Reform In Latin America written by Linn A. Hammergren and published by Westview Press. This book was released on 1998 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Beyond High Courts

Author : Matthew C. Ingram
Publisher : University of Notre Dame Pess
ISBN 13 : 0268102848
Total Pages : 463 pages
Book Rating : 4.2/5 (681 download)

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Book Synopsis Beyond High Courts by : Matthew C. Ingram

Download or read book Beyond High Courts written by Matthew C. Ingram and published by University of Notre Dame Pess. This book was released on 2019-05-15 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beyond High Courts: The Justice Complex in Latin America is a much-needed volume that will make a significant contribution to the growing fields of comparative law and politics and Latin American legal institutions. The book moves these research agendas beyond the study of high courts by offering theoretically and conceptually rich empirical analyses of a set of critical supranational, national, and subnational justice sector institutions that are generally neglected in the literature. The chapters examine the region’s large federal systems (Argentina, Brazil, and Mexico), courts in Chile and Venezuela, and the main supranational tribunal in the region, the Inter-American Court of Human Rights. Aimed at students of comparative legal institutions while simultaneously offering lessons for practitioners charged with designing such institutions, the volume advances our understanding of the design of justice institutions, how their form and function change over time, what causes those changes, and what consequences they have. The volume also pays close attention to how justice institutions function as a system, exploring institutional interactions across branches and among levels of government (subnational, national, supranational) and analyzing how they help to shape, and are shaped by, politics and law. Incorporating the institutions examined in the volume into the literature on comparative legal institutions deepens our understanding of justice systems and how their component institutions can both bolster and compromise democracy and the rule of law. Contributors: Matthew C. Ingram, Diana Kapiszewski, Azul A. Aguiar-Aguilar, Ernani Carvalho, Natália Leitão, Catalina Smulovitz, John Seth Alexander, Robert Nyenhuis, Sídia Maria Porto Lima, José Mário Wanderley Gomes Neto, Danilo Pacheco Fernandes, Louis Dantas de Andrade, Mary L. Volcansek, and Martin Shapiro.