Manipulating Courts In New Democracies

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Manipulating Courts in New Democracies

Author : Andrea Castagnola
Publisher : Routledge
ISBN 13 : 1351986074
Total Pages : 164 pages
Book Rating : 4.3/5 (519 download)

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Book Synopsis Manipulating Courts in New Democracies by : Andrea Castagnola

Download or read book Manipulating Courts in New Democracies written by Andrea Castagnola and published by Routledge. This book was released on 2017-10-31 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: When can the Executive manipulate the composition of a Court? What political factors explain judicial instability on the bench? Using original field data from Argentina's National Supreme Court and all twenty-four Provincial Supreme Courts, Andrea Castagnola develops a novel theory to explain forced retirements of judges. She argues that in developing democracies the political benefits of manipulating the court outweigh the costs associated with doing so. The instability of the political context and its institutions causes politicians to focus primarily on short-term goals and to care mostly about winning elections. Consequently, judiciaries become a valuable tool for politicians to have under their control. Contrary to the predictions of strategic retirement theory, Castagnola demonstrates that there are various institutional and non-institutional mechanisms for induced retirement which politicians have used against justices, regardless of the amount of support their party has in Congress. The theoretical innovations contained herein shed much needed light on the existing literature on judicial politics and democratization. Even though the political manipulation of courts is a worldwide phenomenon, previous studies have shown that Argentina is the theory-generating case for studying manipulation of high courts.

Ruling by Cheating

Author : András Sajó
Publisher : Cambridge University Press
ISBN 13 : 1108956319
Total Pages : 630 pages
Book Rating : 4.1/5 (89 download)

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Book Synopsis Ruling by Cheating by : András Sajó

Download or read book Ruling by Cheating written by András Sajó and published by Cambridge University Press. This book was released on 2021-08-12 with total page 630 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is widespread agreement that democracy today faces unprecedented challenges. Populism has pushed governments in new and surprising constitutional directions. Analysing the constitutional system of illiberal democracies (from Venezuela to Poland) and illiberal phenomena in 'mature democracies' that are justified in the name of 'the will of the people', this book explains that this drift to mild despotism is not authoritarianism, but an abuse of constitutionalism. Illiberal governments claim that they are as democratic and constitutional as any other. They also claim that they are more popular and therefore more genuine because their rule is based on conservative, plebeian and 'patriotic' constitutional and rule of law values rather than the values liberals espouse. However, this book shows that these claims are deeply deceptive - an abuse of constitutionalism and the rule of law, not a different conception of these ideas.

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 Self-restraining State

Author : Andreas Schedler
Publisher : Lynne Rienner Publishers
ISBN 13 : 9781555877743
Total Pages : 412 pages
Book Rating : 4.8/5 (777 download)

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Book Synopsis The Self-restraining State by : Andreas Schedler

Download or read book The Self-restraining State written by Andreas Schedler and published by Lynne Rienner Publishers. This book was released on 1999 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text states that democratic governments must be accountable to the electorate; but they must also be subject to restraint and oversight by other public agencies. The state must control itself. This text explores how new democracies can achieve this goal.

Can Courts be Bulwarks of Democracy?

Author : Jeffrey K. Staton
Publisher : Cambridge University Press
ISBN 13 : 1316516733
Total Pages : 173 pages
Book Rating : 4.3/5 (165 download)

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Book Synopsis Can Courts be Bulwarks of Democracy? by : Jeffrey K. Staton

Download or read book Can Courts be Bulwarks of Democracy? written by Jeffrey K. Staton and published by Cambridge University Press. This book was released on 2022-03-31 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that independent courts can defend democracy by encouraging political elites to more prudently exercise their powers.

Backsliding

Author : Stephan Haggard
Publisher : Cambridge University Press
ISBN 13 : 1108962874
Total Pages : 122 pages
Book Rating : 4.1/5 (89 download)

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Book Synopsis Backsliding by : Stephan Haggard

Download or read book Backsliding written by Stephan Haggard and published by Cambridge University Press. This book was released on 2021-02-11 with total page 122 pages. Available in PDF, EPUB and Kindle. Book excerpt: Assaults on democracy are increasingly coming from the actions of duly elected governments, rather than coups. Backsliding examines the processes through which elected rulers weaken checks on executive power, curtail political and civil liberties, and undermine the integrity of the electoral system. Drawing on detailed case studies, including the United States and countries in Latin America, Eastern Europe, and Africa, the book focuses on three, inter-related causal mechanisms: the pernicious effects of polarization; realignments of party systems that enable elected autocrats to gain legislative power; and the incremental nature of derogations, which divides oppositions and keeps them off balance. A concluding chapter looks at the international context of backsliding and the role of new technologies in these processes. An online appendix provides detailed accounts of backsliding in 16 countries, which can be found at www.cambridge.org/backsliding.

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 Rise of Digital Repression

Author : Steven Feldstein
Publisher : Oxford University Press
ISBN 13 : 0190057513
Total Pages : 256 pages
Book Rating : 4.1/5 (9 download)

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Book Synopsis The Rise of Digital Repression by : Steven Feldstein

Download or read book The Rise of Digital Repression written by Steven Feldstein and published by Oxford University Press. This book was released on 2021-04-13 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: The world is undergoing a profound set of digital disruptions that are changing the nature of how governments counter dissent and assert control over their countries. While increasing numbers of people rely primarily or exclusively on online platforms, authoritarian regimes have concurrently developed a formidable array of technological capabilities to constrain and repress their citizens. In The Rise of Digital Repression, Steven Feldstein documents how the emergence of advanced digital tools bring new dimensions to political repression. Presenting new field research from Thailand, the Philippines, and Ethiopia, he investigates the goals, motivations, and drivers of these digital tactics. Feldstein further highlights how governments pursue digital strategies based on a range of factors: ongoing levels of repression, political leadership, state capacity, and technological development. The international community, he argues, is already seeing glimpses of what the frontiers of repression look like. For instance, Chinese authorities have brought together mass surveillance, censorship, DNA collection, and artificial intelligence to enforce their directives in Xinjiang. As many of these trends go global, Feldstein shows how this has major implications for democracies and civil society activists around the world. A compelling synthesis of how anti-democratic leaders harness powerful technology to advance their political objectives, The Rise of Digital Repression concludes by laying out innovative ideas and strategies for civil society and opposition movements to respond to the digital autocratic wave.

Competitive Authoritarianism

Author : Steven Levitsky
Publisher : Cambridge University Press
ISBN 13 : 1139491482
Total Pages : pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Competitive Authoritarianism by : Steven Levitsky

Download or read book Competitive Authoritarianism written by Steven Levitsky and published by Cambridge University Press. This book was released on 2010-08-16 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on a detailed study of 35 cases in Africa, Asia, Latin America, and post-communist Eurasia, this book explores the fate of competitive authoritarian regimes between 1990 and 2008. It finds that where social, economic, and technocratic ties to the West were extensive, as in Eastern Europe and the Americas, the external cost of abuse led incumbents to cede power rather than crack down, which led to democratization. Where ties to the West were limited, external democratizing pressure was weaker and countries rarely democratized. In these cases, regime outcomes hinged on the character of state and ruling party organizations. Where incumbents possessed developed and cohesive coercive party structures, they could thwart opposition challenges, and competitive authoritarian regimes survived; where incumbents lacked such organizational tools, regimes were unstable but rarely democratized.

Making a 21st Century Constitution

Author : Frank Vibert
Publisher : Edward Elgar Publishing
ISBN 13 : 1788118057
Total Pages : 458 pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis Making a 21st Century Constitution by : Frank Vibert

Download or read book Making a 21st Century Constitution written by Frank Vibert and published by Edward Elgar Publishing. This book was released on 2018-06-29 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: Democratic constitutions are increasingly unfit for purpose with governments facing increased pressures from populists and distrust from citizens. The only way to truly solve these problems is through reform. Within this important book, Frank Vibert sets out the key challenges to reform, the ways in which constitutions should be revitalised and provides the standards against which reform should be measured.

The Democracy Fix

Author : Caroline Fredrickson
Publisher : The New Press
ISBN 13 : 1620973901
Total Pages : 175 pages
Book Rating : 4.6/5 (29 download)

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Book Synopsis The Democracy Fix by : Caroline Fredrickson

Download or read book The Democracy Fix written by Caroline Fredrickson and published by The New Press. This book was released on 2019-04-23 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: The former special assistant for legislative affairs to President Clinton, president of the American Constitution Society, and author of the "damn fine" (Elle) Under the Bus shows how the left can undo the right's damage and take the country back Despite representing the beliefs of a minority of the American public on many issues, conservatives are in power not just in Washington, DC, but also in state capitals and courtrooms across the country. They got there because, while progressives fought to death over the nuances of policy and to bring attention to specific issues, conservatives focused on simply gaining power by gaming our democracy. They understood that policy follows power, not the other way around. Now, in a sensational new book, Caroline Fredrickson—who has had a front-row seat on the political drama in DC for decades while working to shape progressive policies as special assistant for legislative affairs to President Clinton, chief of staff to Senator Maria Cantwell, deputy chief of staff to Senator Tom Daschle, and president of the American Constitution Society—argues that it's time for progressives to focus on winning. She shows us how we can learn from the Right by having the determination to focus on judicial elections, state power, and voter laws without stooping to their dishonest, rule-breaking tactics. We must be ruthless in thinking through how to change the rules of the game to regain power, expand the franchise, end voter suppression, win judicial elections, and fight for transparency and fairness in our political system, and Fredrickson shows us how.

How to Save a Constitutional Democracy

Author : Tom Ginsburg
Publisher : University of Chicago Press
ISBN 13 : 022656438X
Total Pages : 306 pages
Book Rating : 4.2/5 (265 download)

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Book Synopsis How to Save a Constitutional Democracy by : Tom Ginsburg

Download or read book How to Save a Constitutional Democracy written by Tom Ginsburg and published by University of Chicago Press. This book was released on 2018-10-05 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Democracies are in danger. Around the world, a rising wave of populist leaders threatens to erode the core structures of democratic self-rule. In the United States, the tenure of Donald Trump has seemed decisive turning point for many. What kind of president intimidates jurors, calls the news media the “enemy of the American people,” and seeks foreign assistance investigating domestic political rivals? Whatever one thinks of President Trump, many think the Constitution will safeguard us from lasting damage. But is that assumption justified? How to Save a Constitutional Democracy mounts an urgent argument that we can no longer afford to be complacent. Drawing on a rich array of other countries’ experiences with democratic backsliding, Tom Ginsburg and Aziz Z. Huq show how constitutional rules can both hinder and hasten the decline of democratic institutions. The checks and balances of the federal government, a robust civil society and media, and individual rights—such as those enshrined in the First Amendment—often fail as bulwarks against democratic decline. The sobering reality for the United States, Ginsburg and Huq contend, is that the Constitution’s design makes democratic erosion more, not less, likely. Its structural rigidity has had unforeseen consequence—leaving the presidency weakly regulated and empowering the Supreme Court conjure up doctrines that ultimately facilitate rather than inhibit rights violations. Even the bright spots in the Constitution—the First Amendment, for example—may have perverse consequences in the hands of a deft communicator who can degrade the public sphere by wielding hateful language banned in many other democracies. We—and the rest of the world—can do better. The authors conclude by laying out practical steps for how laws and constitutional design can play a more positive role in managing the risk of democratic decline.

Courts and Social Transformation in New Democracies

Author : Roberto Gargarella
Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 9780754647836
Total Pages : 336 pages
Book Rating : 4.6/5 (478 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 Ashgate Publishing, Ltd.. This book was released on 2006 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 contexts of fragile state presence.

A Mere Machine

Author : Anna Harvey
Publisher : Yale University Press
ISBN 13 : 0300171110
Total Pages : 385 pages
Book Rating : 4.3/5 (1 download)

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Book Synopsis A Mere Machine by : Anna Harvey

Download or read book A Mere Machine written by Anna Harvey and published by Yale University Press. This book was released on 2013-11-26 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this work, Anna Harvey reports evidence showing that the Supreme Court is in fact extraordinarily deferential to congressional preferences in its constitutional rulings.

How Democracy Ends

Author : David Runciman
Publisher : Basic Books
ISBN 13 : 1541616790
Total Pages : 205 pages
Book Rating : 4.5/5 (416 download)

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Book Synopsis How Democracy Ends by : David Runciman

Download or read book How Democracy Ends written by David Runciman and published by Basic Books. This book was released on 2018-06-05 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: How will democracy end? And what will replace it? A preeminent political scientist examines the past, present, and future of an endangered political philosophy Since the end of World War II, democracy's sweep across the globe seemed inexorable. Yet today, it seems radically imperiled, even in some of the world's most stable democracies. How bad could things get? In How Democracy Ends, David Runciman argues that we are trapped in outdated twentieth-century ideas of democratic failure. By fixating on coups and violence, we are focusing on the wrong threats. Our societies are too affluent, too elderly, and too networked to fall apart as they did in the past. We need new ways of thinking the unthinkable -- a twenty-first-century vision of the end of democracy, and whether its collapse might allow us to move forward to something better. A provocative book by a major political philosopher, How Democracy Ends asks the most trenchant questions that underlie the disturbing patterns of our contemporary political life.

Democracy, Accountability, and Representation

Author : Adam Przeworski
Publisher : Cambridge University Press
ISBN 13 : 9780521646161
Total Pages : 368 pages
Book Rating : 4.6/5 (461 download)

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Book Synopsis Democracy, Accountability, and Representation by : Adam Przeworski

Download or read book Democracy, Accountability, and Representation written by Adam Przeworski and published by Cambridge University Press. This book was released on 1999-09-13 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: 6 Party Government and Responsiveness: James A. Stimson

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.