Download or read book The Legal Foundations of Inequality written by Roberto Gargarella and published by Cambridge University Press. This book was released on 2010-04-12 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: The long revolutionary movements that gave birth to constitutional democracies in the Americas were founded on egalitarian constitutional ideals. They claimed that all men were created equal with similar capacities and also that the community should become self-governing. Following the first constitutional debates that took place in the region, these promising egalitarian claims, which gave legitimacy to the revolutions, soon fell out of favor. Advocates of a conservative order challenged both ideals and favored constitutions that established religion and created an exclusionary political structure. Liberals proposed constitutions that protected individual autonomy and rights but established severe restrictions on the principle of majority rule. Radicals favored an openly majoritarian constitutional organization that, according to many, directly threatened the protection of individual rights. This book examines the influence of these opposite views during the 'founding period' of constitutionalism in countries including the United States, Argentina, Colombia, Chile, Ecuador, Mexico, Peru, and Venezuela.
Download or read book Litigating Health Rights written by Alicia Ely Yamin and published by Harvard University Press. This book was released on 2015-04-01 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: The last fifteen years have seen a tremendous growth in the number of health rights cases focusing on issues such as access to health services and essential medications. This volume examines the potential of litigation as a strategy to advance the right to health by holding governments accountable for these obligations. It includes case studies from Costa Rica, South Africa, India, Brazil, Argentina and Colombia, as well as chapters that address cross-cutting themes. The authors analyze what types of services and interventions have been the subject of successful litigation and what remedies have been ordered by courts. Different chapters address the systemic impact of health litigation efforts, taking into account who benefits both directly and indirectly—and what the overall impacts on health equity are.
Download or read book Constitutionalism Legitimacy and Power written by Kelly L Grotke and published by OUP Oxford. This book was released on 2014-09-25 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: If one counts the production of constitutional documents alone, the nineteenth century can lay claim to being a 'constitutional age'; one in which the generation and reception of constitutional texts served as a centre of gravity around which law and politics consistently revolved. This volume critically re-examines the role of constitutionalism in that period, in order to counter established teleological narratives that imply a consistent development from absolutism towards inclusive, participatory democracy. Various aspects of constitutional histories within and outside of Europe are examined from a comparative, transnational, and multidisciplinary historical perspective, organized around five key themes. The first part looks at constitutions as anti-revolutionary devices, and addresses state building, monarchical constitutionalism, and restorations. The second part takes up constitutions and the justification of new social inequalities, focusing on women's suffrage, human rights, and property. The third part uses individual country studies to take on questions of how constitutions served to promote nationalism. The use of constitutions as instruments of imperialism is covered in the fourth part, and the final part examines the ways that constitutions function simultaneously as legal and political texts. These themes reflect a certain scepticism regarding any easy relationship between stated constitutional ideals and enacted constitutional practices. Taken together, they also function as a general working hypothesis about the role of constitutions in the establishment and maintenance of a domestically and internationally imbalanced status quo, of which we are the present-day inheritors. More particularly, this volume addresses the question of the extent to which nineteenth-century constitutionalism may have set the stage for new forms of domination and discrimination, rather than inaugurating a period of 'progress' and increasing equality.
Download or read book Latin American Constitutionalism written by M. C. Mirow and published by Cambridge University Press. This book was released on 2015-09-15 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: Latin American Constitutions provides a comprehensive historical study of constitutionalism in Latin America from the independence period to the present, focusing on the Constitution of Cádiz, a foundational document in Latin American constitutionalism. Although drafted in Spain, it was applied in many regions of Latin America, and deputies from America formed a significant part of the drafting body. The politicization of constitutionalism reflected in Latin America's first moments proved to be a lasting legacy evident in the legal and constitutional world of the region today: many of Latin America's present challenges to establishing effective constitutionalism can be traced to the debates, ideas, structures, and assumptions of this text. This book explores the region's attempts to create effective constitutional texts and regimes in light of an established practice of linking constitutions to political goals and places important constitutional thinkers and regional constitutions, such as the Mexican Constitution of 1917, into their legal and historical context.
Download or read book Five Republics and One Tradition written by Pablo Ruiz-Tagle and published by Cambridge University Press. This book was released on 2021-10-21 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: Like many countries around the world, Chile is undergoing a political moment when the nature of democracy and its political and legal institutions are being challenged. Senior Chilean legal scholar and constitutional historian Pablo Ruiz-Tagle provides an historical analysis of constitutional change and democratic crisis in the present context focused on Chilean constitutionalism. He offers a comparative analysis of the organization and function of government, the structure of rights and the main political agents that participated in each stage of Chilean constitutional history. Chile is a powerful case study of a Latin American country that has gone through several threats to its democracy, but that has once again followed a moderate path to rebuild its constitutional republican tradition. Not only the first comprehensive study of Chilean constitutional history in the English language from the nineteenth-century to the present day, this book is also a powerful defence of democratic values.
Download or read book Routledge Handbook of Law and Society in Latin America written by Rachel Sieder and published by Routledge. This book was released on 2019-05-20 with total page 978 pages. Available in PDF, EPUB and Kindle. Book excerpt: An understanding of law and its efficacy in Latin America demands concepts distinct from the hegemonic notions of "rule of law" which have dominated debates on law, politics and society, and that recognize the diversity of situations and contexts characterizing the region. The Routledge Handbook of Law and Society in Latin America presents cutting-edge analysis of the central theoretical and applied areas of enquiry in socio-legal studies in the region by leading figures in the study of law and society from Latin America, North America and Europe. Contributors argue that scholarship about Latin America has made vital contributions to longstanding and emerging theoretical and methodological debates on the relationship between law and society. Key topics examined include: The gap between law-on-the-books and law in action The implications of legal pluralism and legal globalization The legacies of experiences of transitional justice Emerging forms of socio-legal and political mobilization Debates concerning the relationship between the legal and the illegal. The Routledge Handbook of Law and Society in Latin America sets out new research agendas for cross-disciplinary socio-legal studies and will be of interest to those studying law, sociology of law, comparative Latin American politics, legal anthropology and development studies.
Download or read book The Routledge Handbook to the History and Society of the Americas written by Olaf Kaltmeier and published by Routledge. This book was released on 2019-04-12 with total page 1117 pages. Available in PDF, EPUB and Kindle. Book excerpt: The colonial heritage and its renewed aftermaths – expressed in the inter-American experiences of slavery, indigeneity, dependence, and freedom movements, to mention only a few aspects – form a common ground of experience in the Western Hemisphere. The flow of peoples, goods, knowledge and finances have promoted interdependence and integration that cut across borders and link the countries of North and South America together. The nature of this transversally related and multiply interconnected region can only be captured through a transnational, multidisciplinary, and comprehensive approach. The Routledge Handbook to the History and Society of the Americas explores the history and society of the Americas, placing particular emphasis on collective and intertwined experiences. Forty-four chapters cover a range of concepts and dynamics in the Americas from the colonial period until the present century: The shared histories and dynamics of Inter-American relationships are considered through pre-Hispanic empires, colonization, European hegemony, migration, multiculturalism, and political and economic interdependences. Key concepts are selected and explored from different geopolitical, disciplinary, and epistemological perspectives. Highlighting the contested character of key concepts that are usually defined in strict disciplinary terms, the Handbook provides the basis for a better and deeper understanding of inter-American entanglements. This multidisciplinary approach will be of interest to a broad array of academic scholars and students in history, sociology, political science cultural, postcolonial, gender, literary, and globalization studies.
Download or read book Comparative Political Thought written by Michael Freeden and published by Routledge. This book was released on 2013 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines some of the following issues: Is political theory 'Western-centric'? What can we learn from non-Western traditions of political thought? How do we compare different strands of national and regional political thought? Political thought in China, India, the Middle East and Latin America ; Islamic political thought and more. Political thought in the wake of post-colonialism. This is a much-needed overview of this key emerging area and will be of interest to all tsudents of political theory, thought and philosophy.
Download or read book Democracy and the Limits of Self Government written by Adam Przeworski and published by Cambridge University Press. This book was released on 2010-06-07 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The political institutions under which we live today evolved from a revolutionary idea that shook the world in the second part of the eighteenth century: that a people should govern itself. Yet if we judge contemporary democracies by the ideals of self-government, equality and liberty, we find that democracy is not what it was dreamt to be. This book addresses central issues in democratic theory by analyzing the sources of widespread dissatisfaction with democracies around the world. With attention throughout to historical and cross-national variations, the focus is on the generic limits of democracy in promoting equality, effective participation, control of governments by citizens, and liberty. The conclusion is that although some of this dissatisfaction has good reasons, some is based on an erroneous understanding of how democracy functions. Hence, although the analysis identifies the limits of democracy, it also points to directions for feasible reforms.
Download or read book Courts and Power in Latin America and Africa written by B. Wilson and published by Springer. This book was released on 2016-04-30 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why do courts hold political power-holders accountable in some democratic and democratizing countries, but not in others? And, why do some courts remain very timid while others - under seemingly similar circumstances - become 'hyper-active'? This is valuable contribution to the ongoing debate over the issue of democratic accountability.
Download or read book The Ideology of Creole Revolution written by Joshua Simon and published by Cambridge University Press. This book was released on 2017-06-07 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the surprising similarities in the political ideas of the American and Latin American independence movements.
Download or read book Spain and the American Revolution written by Gabriel Paquette and published by Routledge. This book was released on 2019-10-31 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: Though the participation of France in the American Revolution is well established in the historiography, the role of Spain, France’s ally, is relatively understudied and underappreciated. Spain's involvement in the conflict formed part of a global struggle between empires and directly influenced the outcome of the clash between Britain and its North American colonists. Following the establishment of American independence, the Spanish empire became one of the nascent republic's most significant neighbors and, often illicitly, trading partners. Bringing together essays from a range of well-regarded historians, this volume contributes significantly to the international history of the Age of Atlantic Revolutions.
Download or read book Emergency Politics in the Third Wave of Democracy written by Claire Wright and published by Lexington Books. This book was released on 2015-12-09 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: Emergency Politics in the Third Wave of Democracy aims to make an important contribution to the study of emergency politics by offering an up-to-date study of how it works in practice. Specifically, it studies the uses given to the “regime of exception” mechanism in Bolivia, Ecuador, and Peru in the first decade of the 21st century and analyzes potential incompatibilities with the two pillars of democratic governability: efficiency and legitimacy. This book offers a thorough review of existing literature on emergency politics, offering conceptual clarification, identifying three types or paradigms of emergency politics (repressive, administrative, and disaster) and pointing to regimes of exception as a useful route to their study. It also provides an overview of emergency politics in Latin America throughout history, pointing to the predominance of regimes of exception and the repressive paradigm. The book describes the continuity of the repressive paradigm in Peruvian emergency politics to deal with both social protest and the apparent threat of organized crime and terrorism, as well as how Bolivia has shifted from a repressive to a disaster paradigm in the face of pressure to deal with climate change. It also analyzes the predominance of an administrative paradigm in Ecuadorian emergency politics in the context of weak institutions and difficulties in implementing policy as well as a populist style of leadership. Ultimately, the book offers some “best practices” in relation to the design and use of regimes of exception in democratic contexts. Other studies on emergency politics tend to focus on legal or formal issues in the context of the United States War on Terror. This study is decidedly political and empirical in focus, offering analysis and interpretation as a result of intensive fieldwork carried out by the author in Bolivia, Ecuador, and Peru. Consequently, this volume offers important contributions to our understanding of emergency politics in general (with evidence from the periphery) as well as to our understanding of democratization processes in the Third Wave.
Download or read book The Oxford Handbook of Constitutional Law in Latin America written by Conrado Hübner Mendes and published by Oxford University Press. This book was released on 2022 with total page 970 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional law in Latin America embodies a mosaic of national histories, political experiments, and institutional transitions. No matter how distinctive these histories and transitions might be, there are still commonalities that transcend the mere geographical contiguity of these countries. This Handbook depicts the constitutional landscape of Latin America by shedding light on its most important differences and affinities, qualities and drawbacks, and by assessing its overall standing in the global enterprise of democratic constitutionalism. It engages with substantive and methodological conundrums of comparative constitutional law in the region, drawing meaningful comparisons between constitutional traditions. The volume is divided into two main parts. Part I focuses on exploring the constitutions for seventeen jurisdictions, offering a comprehensive country-by-country critique of the historical foundations, institutional architecture, and rights-based substantive identity of each constitution. Part II presents comparative analyses on the most controversial constitutional topics of the region, exploring central concepts in institutions and rights. The Oxford Handbook of Constitutional Law in Latin America is an essential resource for scholars and students of comparative constitutional law, and Latin American politics and history Written by leading experts, it comprehensively examines constitutions, controversies, institutions, and constitutional rights in Latin America.
Download or read book Iberoamericana written by and published by . This book was released on 2008 with total page 642 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The New Latin American Left written by Patrick S. Barrett and published by Pluto Press (UK). This book was released on 2008-10-20 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading scholars discuss ideology and hotly contested post-structuralist theory.
Download or read book Transitional Justice in Latin America written by Elin Skaar and published by Routledge. This book was released on 2016-10-27 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses current developments in transitional justice in Latin America – effectively the first region to undergo concentrated transitional justice experiences in modern times. Using a comparative approach, it examines trajectories in truth, justice, reparations, and amnesties in countries emerging from periods of massive violations of human rights and humanitarian law. The book examines the cases of Argentina, Brazil, Chile, Colombia, Guatemala, El Salvador, Paraguay, Peru and Uruguay, developing and applying a common analytical framework to provide a systematic, qualitative and comparative analysis of their transitional justice experiences. More specifically, the book investigates to what extent there has been a shift from impunity towards accountability for past human rights violations in Latin America. Using ‘thick’, but structured, narratives – which allow patterns to emerge, rather than being imposed – the book assesses how the quality, timing and sequencing of transitional justice mechanisms, along with the context in which they appear, have mattered for the nature and impact of transitional justice processes in the region. Offering a new approach to assessing transitional justice, and challenging many assumptions in the established literature, this book will be of enormous benefit to scholars and others working in this area.
