The Judiciary And Democratic Decay In Latin America

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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.

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.

The Unfinished Transition to Democracy in Latin America

Author : Juan Carlos Calleros-Alarcón
Publisher :
ISBN 13 : 9780415540742
Total Pages : 0 pages
Book Rating : 4.5/5 (47 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 . This book was released on 2012 with total page 0 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

Representation and Effectiveness in Latin American Democracies

Author : Moira B. MacKinnon
Publisher : Routledge
ISBN 13 : 1135935742
Total Pages : 331 pages
Book Rating : 4.1/5 (359 download)

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Book Synopsis Representation and Effectiveness in Latin American Democracies by : Moira B. MacKinnon

Download or read book Representation and Effectiveness in Latin American Democracies written by Moira B. MacKinnon and published by Routledge. This book was released on 2014-03-14 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legislatures, the judiciary and civil society are important actors in representative democracies. In what ways and how well do they represent? And how effectively do they carry out their institutional and social roles? Both questions refer to the key dimensions of democracy analyzed in this book: representativeness and effectiveness, respectively. While they have been developed separately in scholarly work on institutions and regimes, there is little work considering them simultaneously, and on their interaction. Using quantitative and/or qualitative methods, contributions from top scholars in the field of legislatures, the judiciary and civil society examine these two concepts and their relationships in four Latin American countries: Argentina, Brazil, Chile, and Mexico. Designed to guide the reader through the complexities of this debate, each expert engages in a larger set of theoretical debates about different approaches to representation in each sphere. In doing so, they debate how effectively these spheres carry out their roles in each country: whether a congress is institutionalized, its accountability, and its performance as a lawmaker; whether a judicial system is independent, carries out oversight, and protects citizen rights; and the role of civil society in a representative democracy. Representation and Effectiveness in Latin American Democracies is a timely and welcomed contribution to the to the growing debate about the quality of democracy in Latin America, and the developing world more generally.

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.

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 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.

What Justice? Whose Justice?

Author : Susan Eckstein
Publisher : Univ of California Press
ISBN 13 : 0520237455
Total Pages : 377 pages
Book Rating : 4.5/5 (22 download)

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Book Synopsis What Justice? Whose Justice? by : Susan Eckstein

Download or read book What Justice? Whose Justice? written by Susan Eckstein and published by Univ of California Press. This book was released on 2003-10-09 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This splendid collection by two of our leading political sociologists pioneers new directions in the study of social justice in Latin America. What Justice? Whose Justice? is impassioned scholarship at its best. It brings together detailed studies of rights and institutions, inequality and struggle, citizenship and indigenous politics, war and peace. This book is essential reading for anyone interested in what the so-called triumph of democracy over dictatorship in the region really means today in the lives of the still dispossessed."—Matthew C. Gutmann, author of The Romance of Democracy: Compliant Defiance in Contemporary Mexico "This book offers a stimulating interdisciplinary analysis of the gripping problems of justice, inequality, and citizenship, and of citizen responses to these issues in contemporary Latin America. It is essential reading on these interrelated themes."—Scott Mainwaring, co-editor of Presidentialism and Democracy in Latin America "First-rate contributors address the quality of democracy in several Latin American countries in these readable and provocative essays. The volume focuses particularly on the relation between democracy and the law, on the importance of the past, and on informal politics and indigenous political movements. A must-read for all those who are tracking the course of democracy in the region and who are concerned about its political future."—Jane S. Jaquette, co-editor of Women and Democracy: Latin America and Central and Eastern Europe "For anyone who still assumes that markets plus elections suffice to resolve the problems of injustice that are the political, social, and economic patrimony of Latin America, this book will be a firm wake-up call. At the same time, the excellent case studies in this book make it clear that the current global neoliberal regime is no more effective at suppressing local struggles for justice than the more traditional forms of domination that came before it. It is valuable and provocative reading for anyone interested in understanding the contemporary political dynamics of justice and injustice."—Peter Evans, editor of Livable Cities?

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.

Latin America's eclusive democracies

Author : Bernardo Sorj
Publisher : SciELO - Centro Edelstein
ISBN 13 : 859966221X
Total Pages : 112 pages
Book Rating : 4.5/5 (996 download)

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Book Synopsis Latin America's eclusive democracies by : Bernardo Sorj

Download or read book Latin America's eclusive democracies written by Bernardo Sorj and published by SciELO - Centro Edelstein. This book was released on 2007-01-01 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a refreshing book: it contains nothing trite, rejects conventionality and academic fads, and unswervingly asserts a clear position on thorny issues. With this book, Bernardo Sorj has demonstrated once again what those of us who have followed his career already knew: not only is he an excellent sociologist, but above all, he is a true intellectual, a critical thinker who tackles the main issues of today’s world, and Latin America in particular.

Judicial Reform in Latin America

Author : Edgardo Buscaglia
Publisher : Hoover Institution Press
ISBN 13 :
Total Pages : 56 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Judicial Reform in Latin America by : Edgardo Buscaglia

Download or read book Judicial Reform in Latin America written by Edgardo Buscaglia and published by Hoover Institution Press. This book was released on 1995 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: An essay on the need for a well functioning judiciary system in Latin America.

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.

The State of Democracy in Latin America

Author : United States. Congress. House. Committee on International Relations. Subcommittee on the Western Hemisphere
Publisher :
ISBN 13 :
Total Pages : 104 pages
Book Rating : 4.0/5 (17 download)

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Book Synopsis The State of Democracy in Latin America by : United States. Congress. House. Committee on International Relations. Subcommittee on the Western Hemisphere

Download or read book The State of Democracy in Latin America written by United States. Congress. House. Committee on International Relations. Subcommittee on the Western Hemisphere and published by . This book was released on 2005 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Judicial Politics in Mexico

Author : Andrea Castagnola
Publisher : Routledge
ISBN 13 : 1315520605
Total Pages : 176 pages
Book Rating : 4.3/5 (155 download)

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Book Synopsis Judicial Politics in Mexico by : Andrea Castagnola

Download or read book Judicial Politics in Mexico written by Andrea Castagnola and published by Routledge. This book was released on 2016-11-03 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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.

When Democracy Trumps Populism

Author : Kurt Weyland
Publisher : Cambridge University Press
ISBN 13 : 1108483542
Total Pages : 243 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis When Democracy Trumps Populism by : Kurt Weyland

Download or read book When Democracy Trumps Populism written by Kurt Weyland and published by Cambridge University Press. This book was released on 2019-02-14 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers the first systematic comparative analysis of the conditions under which populism slides into illiberal rule and the prospects for US democracy.