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 Judicial Power and Strategic Communication in Mexico written by Jeffrey K. Staton and published by Cambridge University Press. This book was released on 2010-03-22 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although they are not directly accountable to voters, constitutional court judges communicate with the general public through the media. In Judicial Power and Strategic Communication in Mexico, Jeffrey K. Staton argues that constitutional courts develop public relations strategies in order to increase the transparency of judicial behavior and promote judicial legitimacy. Yet, in some political contexts there can be a tension between transparency and legitimacy, and for this reason, courts cannot necessarily advance both conditions simultaneously. The argument is tested via an analysis of the Mexican Supreme Court during Mexico's recent transition to democracy, and also through a cross-national analysis of public perceptions of judicial legitimacy. The results demonstrate that judges can be active participants in the construction of their own power. More broadly, the study develops a positive political theory of institutions, which highlights the connections between democratization and the rule of law.
Download or read book Comparative Judicial Review written by Erin F. Delaney and published by Edward Elgar Publishing. This book was released on 2018 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional courts around the world play an increasingly central role in day-to-day democratic governance. Yet scholars have only recently begun to develop the interdisciplinary analysis needed to understand this shift in the relationship of constitutional law to politics. This edited volume brings together the leading scholars of constitutional law and politics to provide a comprehensive overview of judicial review, covering theories of its creation, mechanisms of its constraint, and its comparative applications, including theories of interpretation and doctrinal developments. This book serves as a single point of entry for legal scholars and practitioners interested in understanding the field of comparative judicial review in its broader political and social context.
Download or read book Open Judicial Politics written by Rorie Spill Solberg and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
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
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 Notes on the United States Reports written by Walter Malins Rose and published by . This book was released on 1900 with total page 1044 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A brief chronological digest of all points determined in the decisions of the Supreme court, with notes showing the influence, following and present authority of each case, as disclosed by the citations comprising all citing cases in that court, the intermediate and inferior federal courts, and the courts of last resort of all the states."--T.p.
Download or read book Judicial review in comparative law written by Allan R. Brewer Carias and published by Ediciones Olejnik. This book was released on 2023-11-24 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: "All over the world, in all democratic States, independently of having a legal system based on the common law or on the civil law principles, the courts – special constitutional courts, supreme courts or ordinary courts – have the power to decide and declare the unconstitutionality of legislation or of other State acts when a particular statute violates the text of the Constitution or of its constitutional principles. This power of the courts is the consequence of the consolidation in contem-porary constitutionalism of three fundamental principles of law: first, the existence of a written or unwritten constitution or of a fundamental law, conceived as a superior law with clear supremacy over all other statutes; second, the “rigid” character of such constitution or fundamental law, which implies that the amendments or reforms that may be introduced can only be put into practice by means of a particular and special constituent or legislative process, preventing the ordinary legislator from doing so; and third, the establishment in that same written or unwritten and rigid constitution or fundamental law, of the judicial means for guaranteeing its supremacy, over all other state acts, including legislative acts. Accordingly, in democratic systems subjected to such principles, the courts have the power to refuse to enforce a statute when deemed to be contrary to the Constitu-tion, considering it null or void, through what is known as the diffuse system of judicial review; and in many cases, they even have the power to annul the said unconstitutional law, through what is known as the concentrated system of judicial review. The former, is the system created more than two hundred years ago by the Supreme Court of the United States, and that so deeply characterizes the North American Constitutional system. The latter system, has been adopted in consti-tutional systems in which the judicial power of judicial review has been generally assigned to the Supreme Court or to one special Constitutional Court, as is the case, for example, of many countries in Europe and in Latin America. This concentrated system of judicial review, although established in many Latin American countries since the 19th century, was only effectively developed particularly in the world after World War II following the studies of Hans Kelsen. Of course, during the past thirty years many changes have occurred in the world on these matters of Judicial Review, in particularly in Europe and specifically in the United Kingdom, where these Lectures were delivered. Nonetheless, I have decided to publish them hereto in its integrality, as they were: the written work of a law professor made as a consequence of his research for the preparation of his lectures, not pretending to be anything else, but the academic testimony of the state of the subject of judicial review in the world in 1985-1986". Allan R. Brewer–Carías.
Download or read book Notes on the united states reports written by and published by . This book was released on 1900 with total page 1098 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Penal Treaties with Mexico and Canada written by United States. Congress. Senate. Committee on Foreign Relations and published by . This book was released on 1977 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Judicial Review in New Democracies written by Tom Ginsburg and published by Cambridge University Press. This book was released on 2003-07-23 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: New democracies around the world have adopted constitutional courts to oversee the operation of democratic politics. Where does judicial power come from, how does it develop in the early stages of democratic liberalization, and what political conditions support its expansion? This book answers these questions through an examination of three constitutional courts in Asia: Taiwan, Korea, and Mongolia. In a region that has traditionally viewed law as a tool of authoritarian rulers, constitutional courts in these three societies are becoming a real constraint on government. In contrast with conventional culturalist accounts, this book argues that the design and functioning of constitutional review are largely a function of politics and interests. Judicial review - the power of judges to rule an act of a legislature or national leader unconstitutional - is a solution to the problem of uncertainty in constitutional design. By providing insurance to prospective electoral losers, judicial review can facilitate democracy.
Download or read book Towards Juristocracy written by Ran Hirschl and published by Harvard University Press. This book was released on 2009-06-30 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: In countries and supranational entities around the globe, constitutional reform has transferred an unprecedented amount of power from representative institutions to judiciaries. The constitutionalization of rights and the establishment of judicial review are widely believed to have benevolent and progressive origins, and significant redistributive, power-diffusing consequences. Ran Hirschl challenges this conventional wisdom. Drawing upon a comprehensive comparative inquiry into the political origins and legal consequences of the recent constitutional revolutions in Canada, Israel, New Zealand, and South Africa, Hirschl shows that the trend toward constitutionalization is hardly driven by politicians' genuine commitment to democracy, social justice, or universal rights. Rather, it is best understood as the product of a strategic interplay among hegemonic yet threatened political elites, influential economic stakeholders, and judicial leaders. This self-interested coalition of legal innovators determines the timing, extent, and nature of constitutional reforms. Hirschl demonstrates that whereas judicial empowerment through constitutionalization has a limited impact on advancing progressive notions of distributive justice, it has a transformative effect on political discourse. The global trend toward juristocracy, Hirschl argues, is part of a broader process whereby political and economic elites, while they profess support for democracy and sustained development, attempt to insulate policymaking from the vicissitudes of democratic politics.
Download or read book The Court and the World written by Stephen Breyer and published by Vintage. This book was released on 2016-08-23 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this original, far-reaching, and timely book, Justice Stephen Breyer examines the work of the Supreme Court of the United States in an increasingly interconnected world, a world in which all sorts of activity, both public and private—from the conduct of national security policy to the conduct of international trade—obliges the Court to understand and consider circumstances beyond America’s borders. Written with unique authority and perspective, The Court and the World reveals an emergent reality few Americans observe directly but one that affects the life of every one of us. Here is an invaluable understanding for lawyers and non-lawyers alike.
Download or read book United States Mexico Law Journal written by and published by . This book was released on 1996 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Law and Development in Latin America written by Kenneth L Karst and published by Univ of California Press. This book was released on 1975-01-01 with total page 764 pages. Available in PDF, EPUB and Kindle. Book excerpt: Textbook on law and jurisprudence in Latin America, including an interdisciplinary research analysis of the legal aspects of economic development - covers land reform, commercial law responses to inflation, the role of the courts, etc., includes a case study of legal institutional frameworks in the caracas urban area slums in Venezuela, and provides historical background. References.
Download or read book The Politico Legal Dynamics of Judicial Review written by Theunis Roux and published by Cambridge University Press. This book was released on 2018-09-06 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative scholarship on judicial review has paid a lot of attention to the causal impact of politics on judicial decision-making. However, the slower-moving, macro-social process through which judicial review influences societal conceptions of the law/politics relation is less well understood. Drawing on the political science literature on institutional change, The Politico-Legal Dynamics of Judicial Review tests a typological theory of the evolution of judicial review regimes - complexes of legitimating ideas about the law/politics relation. The theory posits that such regimes tend to conform to one of four main types - democratic or authoritarian legalism, or democratic or authoritarian instrumentalism. Through case studies of Australia, India, and Zimbabwe, and a comparative chapter analyzing ten additional societies, the book then explores how actually-existing judicial review regimes transition between these types. This process of ideational development, Roux concludes, is distinct both from the everyday business of constitutional politics and from changes to the formal constitution.
Download or read book Learn about the United States written by U.S. Citizenship and Immigration Services and published by Government Printing Office. This book was released on 2009 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Learn About the United States" is intended to help permanent residents gain a deeper understanding of U.S. history and government as they prepare to become citizens. The product presents 96 short lessons, based on the sample questions from which the civics portion of the naturalization test is drawn. An audio CD that allows students to listen to the questions, answers, and civics lessons read aloud is also included. For immigrants preparing to naturalize, the chance to learn more about the history and government of the United States will make their journey toward citizenship a more meaningful one.
