Constitutional Change And Transformation In Latin America

Author : Richard Albert,Carlos Bernal,Juliano Zaiden Benvindo
Publisher : Bloomsbury Publishing
Page : 304 pages
File Size : 50,7 Mb
Release : 2019-07-25
Category : Law
ISBN : 9781509923526

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Constitutional Change and Transformation in Latin America by Richard Albert,Carlos Bernal,Juliano Zaiden Benvindo Pdf

Over the past 30 years, Latin America has lived through an intense period of constitutional change. Some reforms have been limited in their design and impact, while others have been far-reaching transformations to basic structural features and fundamental rights. Scholars interested in the law and politics of constitutional change in Latin America are turning increasingly to comparative methodologies to expose the nature and scope of these changes, to uncover the motivations of political actors, to theorise how better to execute the procedures of constitutional reform, and to assess whether there should be any limitations on the power of constitutional amendment. In this collection, leading and emerging voices in Latin American constitutionalism explore the complexity of the vast topography of constitutional developments, experiments and perspectives in the region. This volume offers a deep understanding of modern constitutional change in Latin America and evaluates its implications for constitutionalism, democracy, human rights and the rule of law.

Author : Almut Schilling-Vacaflor
Publisher : Routledge
Page : 447 pages
File Size : 52,5 Mb
Release : 2016-04-29
Category : Political Science
ISBN : 9781317088622

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New Constitutionalism in Latin America by Almut Schilling-Vacaflor Pdf

Latin America has a long tradition of constitutional reform. Since the democratic transitions of the 1980s, most countries have amended their constitutions at least once, and some have even undergone constitutional reform several times. The global phenomenon of a new constitutionalism, with enhanced rights provisions, finds expression in the region, but the new constitutions, such as those of Bolivia, Colombia, Ecuador and Venezuela, also have some peculiar characteristics which are discussed in this important book. Authors from a number of different disciplines offer a general overview of constitutional reforms in Latin America since 1990. They explore the historical, philosophical and doctrinal differences between traditional and new constitutionalism in Latin America and examine sources of inspiration. The book also covers sociopolitical settings, which factors and actors are relevant for the reform process, and analyzes the constitutional practices after reform, including the question of whether the recent constitutional reforms created new post-liberal democracies with an enhanced human and social rights record, or whether they primarily serve the ambitions of new political leaders.

Author : Gabriel L. Negretto
Publisher : Cambridge University Press
Page : 297 pages
File Size : 42,8 Mb
Release : 2013-06-17
Category : Political Science
ISBN : 9781107026520

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Making Constitutions by Gabriel L. Negretto Pdf

Examines constitutional change in Latin America from 1900 to 2008 and provides the first systematic explanation of the origins of constitutional designs.

Author : Javier Corrales
Publisher : Oxford University Press
Page : 288 pages
File Size : 50,9 Mb
Release : 2018-05-29
Category : Political Science
ISBN : 9780190868918

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Fixing Democracy by Javier Corrales Pdf

The study of institutions, a core concept in comparative politics, has produced many rich and influential theories on the economic and political effects of institutions, yet it has been less successful at theorizing their origins. In Fixing Democracy, Javier Corrales develops a theory of institutional origins that concentrates on constitutions and levels of power within them. He reviews numerous Latin American constituent assemblies and constitutional amendments to explore why some democracies expand rather than restrict presidential powers and why this heightened presidentialism discourages democracy. His signal theoretical contribution is his elaboration on power asymmetries. Corrales determines that conditions of reduced power asymmetry make constituent assemblies more likely to curtail presidential powers, while weaker opposition and heightened power asymmetry is an indicator that presidential powers will expand. The bargain-based theory that he uses focuses on power distribution and provides a more accurate variable in predicting actual constitutional outcomes than other approaches based on functionalism or ideology. While the empirical focus is Latin America, Fixing Democracy contributes a broadly applicable theory to the scholarship both institutions and democracy.

Author : Rosalind Dixon,Tom Ginsburg
Publisher : Edward Elgar Publishing
Page : 384 pages
File Size : 42,7 Mb
Release : 2017-06-30
Category : Electronic
ISBN : 9781785369216

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Comparative Constitutional Law in Latin America by Rosalind Dixon,Tom Ginsburg Pdf

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.

Author : Armin von Bogdandy,Eduardo Ferrer Mac-Gregor,Mariela Morales Antoniazzi,Flávia Piovesan,Ximena Soley
Publisher : Oxford University Press
Page : 448 pages
File Size : 45,6 Mb
Release : 2017-06-16
Category : Law
ISBN : 9780192515469

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Transformative Constitutionalism in Latin America by Armin von Bogdandy,Eduardo Ferrer Mac-Gregor,Mariela Morales Antoniazzi,Flávia Piovesan,Ximena Soley Pdf

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.

Author : Armin von Bogdandy,Eduardo Ferrer Mac-Gregor,Mariela Morales Antoniazzi,Flávia Piovesan,Ximena Soley
Publisher : Oxford University Press
Page : 448 pages
File Size : 43,8 Mb
Release : 2017-07-21
Category : Law
ISBN : 9780192515476

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Transformative Constitutionalism in Latin America by Armin von Bogdandy,Eduardo Ferrer Mac-Gregor,Mariela Morales Antoniazzi,Flávia Piovesan,Ximena Soley Pdf

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.

Author : Detlef Nolte,Almut Schilling-Vacaflor
Publisher : Unknown
Page : 409 pages
File Size : 55,8 Mb
Release : 2012
Category : Constitutional law
ISBN : 131559790X

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New Constitutionalism in Latin America by Detlef Nolte,Almut Schilling-Vacaflor Pdf

Author : Colin Crawford,Daniel Bonilla Maldonado
Publisher : Edward Elgar Publishing
Page : 304 pages
File Size : 53,8 Mb
Release : 2018
Category : Electronic
ISBN : 9781788113335

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Constitutionalism in the Americas by Colin Crawford,Daniel Bonilla Maldonado Pdf

Constitutionalism in the Americas unites the work of leading scholars of constitutional law, comparative law and Latin American and U.S. constitutional law to provide a critical and provocative look at the state of constitutional law across the Americas today. The diverse chapters employ a variety of methodologies – empirical, historical, philosophical and textual analysis – in the effort to provide a comprehensive look at a generation of constitutional change across two continents.

Author : Paul E. Sigmund
Publisher : New York : Praeger
Page : 362 pages
File Size : 47,8 Mb
Release : 1970
Category : Business & Economics
ISBN : UTEXAS:059173023674813

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Models of Political Change in Latin America by Paul E. Sigmund Pdf

Mexico: the institutionalization of the rvolution; Bolivia; the failure of hte institutitionalization of the revolution; Cuba: the revolution turns to comunism; Brazil; The military vs. the radical left; Argentina: the military vs. peronism; Venezuela: the victory of constitutional democracy; Colombia: elite democracy in transformation; Chile: multiparty politics and democratic reform.

Author : Richard Albert,Carlos Bernal,Juliano Zaiden Benvindo
Publisher : Bloomsbury Publishing
Page : 372 pages
File Size : 41,9 Mb
Release : 2019-07-25
Category : Law
ISBN : 9781509923519

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Constitutional Change and Transformation in Latin America by Richard Albert,Carlos Bernal,Juliano Zaiden Benvindo Pdf

Over the past 30 years, Latin America has lived through an intense period of constitutional change. Some reforms have been limited in their design and impact, while others have been far-reaching transformations to basic structural features and fundamental rights. Scholars interested in the law and politics of constitutional change in Latin America are turning increasingly to comparative methodologies to expose the nature and scope of these changes, to uncover the motivations of political actors, to theorise how better to execute the procedures of constitutional reform, and to assess whether there should be any limitations on the power of constitutional amendment. In this collection, leading and emerging voices in Latin American constitutionalism explore the complexity of the vast topography of constitutional developments, experiments and perspectives in the region. This volume offers a deep understanding of modern constitutional change in Latin America and evaluates its implications for constitutionalism, democracy, human rights and the rule of law.

Author : Donna Lee Van Cott
Publisher : University of Pittsburgh Pre
Page : 361 pages
File Size : 46,5 Mb
Release : 2000-03-15
Category : Political Science
ISBN : 9780822972143

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The Friendly Liquidation of the Past by Donna Lee Van Cott Pdf

Based on interviews with more than 100 participants, Van Cott demonstrates how social issues were placed on the constitutional reform agenda and transformed into the nation’s highest law. She follows each reform for five years to assess early results of what she calls an emerging model of multicultural constitutionalism.

Author : Kenneth W. Thompson
Publisher : Unknown
Page : 0 pages
File Size : 43,9 Mb
Release : 1991
Category : Constitutional history
ISBN : 0819182370

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The U.S. Constitution and the Constitutions of Latin America by Kenneth W. Thompson Pdf

This volume addresses a long-neglected area in constitutional and international studies, Latin America. The book contains penetrating appraisals of the Spanish heritage as it influences Latin American constitutionalism and more recently American democracy. A distinguished historian, a Peruvian political scientist, three former U.S. ambassadors, a legal scholar, and a respected political theorist provide a thorough examination of the U.S. Constitution and the constitutions of Latin America in this well-written treatise. This book is the seventh volume in the Miller Center series on constitutionalism. Co-published with the Miller Center of Public Affairs.

Author : Daniel M. Brinks,Abby Blass
Publisher : Cambridge University Press
Page : 281 pages
File Size : 51,8 Mb
Release : 2018-04-19
Category : Law
ISBN : 9781107178366

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The DNA of Constitutional Justice in Latin America by Daniel M. Brinks,Abby Blass Pdf

Analyzes the political roots of the systems of constitutional justice in Latin America, tracing their development over the last 40 years.

Author : Conrado Hübner Mendes,Roberto Gargarella,Sebastián Guidi
Publisher : Oxford University Press
Page : 970 pages
File Size : 46,7 Mb
Release : 2022
Category : Law
ISBN : 9780198786900

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The Oxford Handbook of Constitutional Law in Latin America by Conrado Hübner Mendes,Roberto Gargarella,Sebastián Guidi Pdf

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.