Download or read book Comparative Constitutional Law in Latin America written by Rosalind Dixon and published by Edward Elgar Publishing. This book was released on 2017-06-30 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides unique insights into the practice of democratic constitutionalism in one of the world’s most legally and politically significant regions. It combines contributions from leading Latin American and global scholars to provide ‘bottom up’ and ‘top down’ insights about the lessons to be drawn from the distinctive constitutional experiences of countries in Latin America. In doing so, it also draws on a rich array of legal and interdisciplinary perspectives. Ultimately, it shows both the promise of democratic constitutions as a vehicle for social, economic and political change, and the variation in the actual constitutional experiences of different countries on the ground – or the limits to constitutions as a locus for broader social change.

Download or read book Constitutional Debates Rhetoric and Political Philosophy in Spain s Parliamentary History written by Francisco J. Bellido and published by Springer Nature. This book was released on with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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 190 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.

Download or read book Democracy and Sovereignty in Spain written by Francisco J. Bellido and published by Taylor & Francis. This book was released on 2023-03-03 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book delves into the conceptual changes produced by the Spanish constitutional debate held between 27 August and 9 December 1931. Taking place at the beginning of Spain’s Second Republic, those parliamentary deliberations brought about significant novelties in the political vocabulary. Concepts such as democracy, sovereignty, reform, revolution, and freedom, among others, were re-signified. This study investigates the conceptual contributions made by Spanish MPs in the course of the constitutional debate of 1931 by assuming, as a research approach, an interdisciplinary stance combining conceptual history, political theory, and parliamentary constitutional history. By doing so, it selects five determining issues: the pervasive discussion about two competing meanings of a democratic state; the rhetorical uses of reform and revolution; conceptual controversies about religious freedom; the disputed idea of property rights; and the functions of parliament and the president of the republic in a semi-presidential regime. The constitutional debate was largely inspired by interwar European constitutionalism which constituent representatives used to update the Spanish constitutional tradition. With that goal in mind, this book is aimed at undergraduate and graduate students and scholars working in the fields of conceptual history, political philosophy, parliamentary history, European political history, and European constitutionalism. Licence line: The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.

Download or read book Local Governance in Multi Layered Systems written by Matteo Nicolini and published by Springer Nature. This book was released on 2023-12-12 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides a comprehensive analysis of local government in federations. It fills the gap in current legal research and positions local government in federal studies through the lenses of comparative law, adopting a more nuanced approach to local government. The book considers the shortcomings between the black-letter constitution and its operational rules. Whether (and how) the regime of local government is implemented is more relevant than its formal-but-ineffective recognition. The comparative survey discloses the variety local institutions take in different federal contexts. Divided into three parts, the book comprises chapters investigating local government in systems that, to various degrees, have been examined and classified as federal. Scholars throughout the world have examined the federal-local connection in aggregative federations, (the USA, Canada, Switzerland, Germany, Australia, and Austria), devolutionary ones (Belgium, Bosnia Herzegovina, Italy, Spain, the UK, Argentina, Brazil, Mexico, and the Russian Federation), as well as in federations beyond the West, where federalism-as-a-colonial-legacy has undergone a process of reinvention affecting the federal-local connection (South Africa, Ethiopia, India, Nigeria, Comoros, Democratic Republic of Congo, Nepal, Palau, Federated States of Micronesia; St. Kitts and Nevis; United Arab Emirates; and Pakistan).

Download or read book Constitutional Courts as Mediators written by Julio Ríos-Figueroa and published by Cambridge University Press. This book was released on 2016-04-15 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book proposes an informational theory of constitutional review highlighting the mediator role of constitutional courts in democratic conflict solving.

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.

Download or read book Democracy in Mexico written by Pablo González Casanova and published by New York : Oxford University Press. This book was released on 1970 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book For la Patria written by Brian Loveman and published by Rowman & Littlefield Publishers. This book was released on 2004-09-08 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: Defending 'la patria,' or 'homeland,' is the historical mission claimed by Latin American armed forces. For la Patria is a comprehensive narrative history of the military's political role in Latin America in national defense and security. Latin American civil-military relations and the role of the armed forces in politics, like those of all modern nation-states, are framed by constitutional and legal norms specifying the formal relationships between the armed forces and the rest of society. In actuality, they are also the result of expectations, attitudes, values, and practices evolved over centuries-integral aspects of national political cultures. Military institutions in each Latin American nation have resulted from that country's own blend of local and imported influences, developing a distinctive pattern of civil-military relations as defender of the fatherland and guarantor of security and order. Written by Latin American specialist Brian Loveman, For la Patria includes tables, maps, photographs, and a glossary that will assist the student in better understanding the military's intervention in politics in Latin America. This new text will give students a thorough and accessible history of Latin American armed forces and their actions in Latin American politics from colonial times to the present.

Download or read book Constitutional Law in Venezuela written by Allan R. Brewer-Carías and published by Kluwer Law International B.V.. This book was released on 2023-08-20 with total page 637 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Venezuela provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Venezuela will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.

Download or read book Democratizing Democracy written by Boaventura de Sousa Santos and published by Verso Books. This book was released on 2020-05-05 with total page 843 pages. Available in PDF, EPUB and Kindle. Book excerpt: The majorconflicts between the Global North and the South can be expected toresult from the confrontation of alternative conceptions of democracy,mainly between liberal or representative democracy and participatorydemocracy. The hegemonic model of democracy, while prevailing on aglobal scale, guarantees no more than low-intensity democracy. Inrecent times, participatory democracy has exhibited a new dynamic,engaging mainly subaltern communities and social groups that fightagainst social exclusion and the suppression of citizenship. In thiscollection of reports from the Global South-India, South Africa,Mozambique, Colombia, and Brazil-De Sousa Santos and his colleaguesshow how, in some cases, the deepening of democracy results from thedevelopment of dual forms of participatory and representativedemocracy, and points to the emergence of transnational networks ofparticipatory democracy initiatives. Such networks pave one of the waysto the reinvention of social emancipation. This is volume 1 of the Reinventing Social Emancipation project, edited by Boaventura de Sousa Santos.

Download or read book On Democratic Politics written by Francisco Valdés-Ugalde and published by Latin America Research Commons. This book was released on 2023-12-14 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: The German-born, Chilean author Norbert Lechner remains one of Latin America’s most prominent and creative social scientists. His work is indebted to the intense debates regarding theories of modernization, developmentalism, and dependence that took place in Latin American intellectual and political circles. These theoretical sources were present as a cognitive horizon in his essential writings, and many of the central concerns that enlivened his oeuvre arose from his intellectual immersion in these deliberations. If the confrontations with the revolutionary discourses of the 1960s informed his vision of the Latin American state, his experience with authoritarianism led him to pose a question that would become central to all his career: What does it mean to do politics, and what does it mean to do democratic politics? This anthology, which includes the first translations into English of three of his most outstanding works can guide our readers, like Ariadne’s thread, through the intellectual output of this great thinker. It should also be said that these writings contain some of the most intellectually stimulating approaches to political sociology written in Latin America. Published between the 1980s and the first decade of the 2000s, the texts cover a span of more than thirty years during which the author developed a very personal vision as he sought to understand politics in a different way.

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 2017-07-21 with total page 513 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.

Download or read book Decolonizing Constitutionalism written by Boaventura de Sousa Santos and published by Taylor & Francis. This book was released on 2023-07-31 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: The modern state, law, and constitution result from a legal canon that (re)produces the abyssal lines dividing the world that is validated from the world whose humanity and epistemological validity are denied. This book aims to contribute to a post-abyssal reflection on law and constitutionalism by considering the structural axes of power that are constitutive of modern law “capitalism, colonialism, and heteropatriarchy” alongside the legal plurality of the world. Is it possible to decolonize, decommodify, and depatriarchalize the constitution? The authors speak from multiple geographies, raise different questions, resort to differentiated theoretical approaches, and reveal varying levels of optimism about the possibilities of transforming constitutions. The readers are confronted with critical perspectives on the Eurocentric legal canon, as well as with the recognition of anti-capitalist, anti-colonial, and anti-patriarchal legal experiences. The horizon of this publication is the expansion of the possibilities of legal and political imagination.

Download or read book Legal Culture in the Age of Globalization written by Lawrence Friedman and published by Stanford University Press. This book was released on 2003-09-09 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume of essays examines how the legal systems of the chief countries of Latin America and Mediterranean Europe—Argentina, Brazil, Chile, Colombia, Mexico, Puerto Rico, Venezuela, France, Italy, and Spain—changed in the last quarter of the 20th century. Through essays that provide a wealth of data on the courts and the legal profession in these countries, the book attempts to relate changes in the operation of the legal systems to changes in the political and social history of the societies in which they are embedded. The details vary, in accordance with the particular history and structure of the countries, but there are also key commonalities that run through all of the stories: democratization, globalization, and changes in the legal order that seem to be worldwide; more power to courts; a growing legal profession; and the entry of women into what was once a masculine club.

Download or read book Arizona Journal of International and Comparative Law written by and published by . This book was released on 2010 with total page 656 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Courts that Matter written by Sandra Botero and published by Cambridge University Press. This book was released on 2023-10-31 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: Courts around the world regularly issue rulings on the socioeconomic rights of citizens, but the impact of these decisions varies widely. This book compares the experiences of two very assertive high courts in Colombia and Argentina to examine the differing impacts of landmark socioeconomic rights decisions.