Judicial Politics In Mexico

Author : Andrea Castagnola,Saul Lopez Noriega
Publisher : Routledge
Page : 190 pages
File Size : 51,5 Mb
Release : 2016-11-03
Category : Political Science
ISBN : 9781315520599

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Judicial Politics in Mexico by Andrea Castagnola,Saul Lopez Noriega Pdf

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.

Author : Azul A. Aguiar Aguilar
Publisher : Springer Nature
Page : 181 pages
File Size : 43,6 Mb
Release : 2024-06-06
Category : Electronic
ISBN : 9783031529092

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Legal Culture, Sociopolitical Origins and Professional Careers of Judges in Mexico by Azul A. Aguiar Aguilar Pdf

Author : Jodi S. Finkel
Publisher : Unknown
Page : 178 pages
File Size : 43,8 Mb
Release : 2008
Category : History
ISBN : STANFORD:36105124043923

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Judicial Reform as Political Insurance by Jodi S. Finkel Pdf

Jodi S. Finkel examines judicial reforms leading to increased judicial independence and authority in three Latin American countries: Argentina, Mexico, and Peru.

Author : Jeffrey K. Staton
Publisher : Cambridge University Press
Page : 237 pages
File Size : 52,7 Mb
Release : 2010-03-22
Category : Business & Economics
ISBN : 9780521195218

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Judicial Power and Strategic Communication in Mexico by Jeffrey K. Staton Pdf

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.

Author : Helga Baitenmann
Publisher : U of Nebraska Press
Page : 342 pages
File Size : 43,9 Mb
Release : 2020-05
Category : History
ISBN : 9781496220028

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Matters of Justice by Helga Baitenmann Pdf

After the fall of the Porfirio Díaz regime, pueblo representatives sent hundreds of petitions to Pres. Francisco I. Madero, demanding that the executive branch of government assume the judiciary’s control over their unresolved lawsuits against landowners, local bosses, and other villages. The Madero administration tried to use existing laws to settle land conflicts but always stopped short of invading judicial authority. In contrast, the two main agrarian reform programs undertaken in revolutionary Mexico—those implemented by Emiliano Zapata and Venustiano Carranza—subordinated the judiciary to the executive branch and thereby reshaped the postrevolutionary state with the support of villagers, who actively sided with one branch of government over another. In Matters of Justice Helga Baitenmann offers the first detailed account of the Zapatista and Carrancista agrarian reform programs as they were implemented in practice at the local level and then reconfigured in response to unanticipated inter- and intravillage conflicts. Ultimately, the Zapatista land reform, which sought to redistribute land throughout the country, remained an unfulfilled utopia. In contrast, Carrancista laws, intended to resolve quickly an urgent problem in a time of war, had lasting effects on the legal rights of millions of land beneficiaries and accidentally became the pillar of a program that redistributed about half the national territory.

Author : Christoph Rosenmüller
Publisher : University of Calgary Press
Page : 290 pages
File Size : 42,7 Mb
Release : 2008
Category : Mexico
ISBN : 9781552382349

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Patrons, Partisans, and Palace Intrigues by Christoph Rosenmüller Pdf

Palace intrigues and clientelism drove politics at the viceregal court of colonial Mexico. By carefully reconstructing social networks in the court of Viceroy Duke of Alburquerque (1702-1710), Christoph Rosenm ller reveals that the Duke presided over one of the most corrupt viceregal terms in Mexican history. Alburquerque was appointed by Spain's King Philip V at a time when expanding state power was beginning to meet with opposition in colonial Mexico. The Duke and his retainers, though seemingly working for the crown, actually built close alliances with locals to thwart the reform efforts emanating from Spain. Alburquerque collaborated with contraband traders and opposed the secularization of Indian parishes. He persecuted several local craftsmen and merchants, some of whom died after languishing in jail, accusing them of treason to bolster his own credentials as a loyal official. In the end, however, the dominant clique at the royal court in Madrid sought revenge. Alburquerque was forced to pay an unheard-of indemnity of 700,000 silver pesos to regain the king's favour. Dealing with a topic and period largely ignored by historiography, Rosenm ller exposes the vast patronage power of the viceroy at the historical watershed between the expiring Habsburg dynasty and the incoming Bourbon rulers. His analysis reveals that precursors of the Bourbon reforms and the struggle for Mexican independence were already at play in the early eighteenth century.

Author : Sara Schatz
Publisher : Springer Science & Business Media
Page : 243 pages
File Size : 47,7 Mb
Release : 2011-02-28
Category : Social Science
ISBN : 9781441980687

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Murder and Politics in Mexico by Sara Schatz Pdf

Murder and Politics in Mexico studies the causes of political killings in Mexico’s liberalization-democratization within the larger context of political repression. Mexico’s democratization process has entailed a little known but highly significant cost of human lives in pre- and post-election violence. The majority of these crimes remain in a state of impunity: in other words, no person had been charged with the crime and/or no investigation of it had occurred. This has several consequences for Mexican politics: when the level of violence is extreme and when political killings that are systematic and invasive are involved, this could indicate a real fracture in the democratic system. This book analyzes several dimensions regarding impunity and political crime, more specifically, the political killings of members of the PRD in the post-1988 period in Mexico. The main argument proposed in this book is that impunity for political killings is a structured system requiring one central precondition, namely the failure of the legal system to function as a system of restraint for killings. Dr Schatz’s research finds that political assassinations are indeed rational, targeted actions but they do not occur within an institutional vacuum. Political assassinations are calculated strategies of action aimed at eliminating political rivals. As a form of interpersonal violence, political assassination involves direct or implied authorization from political leaders, the availability of assassins for hire and the willingness of some political leaders to utilize them against political opponents, and violent interactions between political parties combined with judicial system ineffectiveness. A corrupt legal system facilitates the use of political assassination and explains the persistence of impunity for political murder over time. To reduce political violence in the transition to electoral democracy, specific institutional conditions, namely a structured system of impunity for murder, must be overcome.

Author : Gretchen Helmke,Julio Rios-Figueroa
Publisher : Cambridge University Press
Page : 353 pages
File Size : 47,6 Mb
Release : 2011-01-17
Category : Political Science
ISBN : 9781139497169

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Courts in Latin America by Gretchen Helmke,Julio Rios-Figueroa Pdf

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.

Author : Richard D. Baker
Publisher : Austin : Published for the Institute of Latin American Studies by the University of Texas Press
Page : 328 pages
File Size : 53,8 Mb
Release : 1971
Category : Law
ISBN : UOM:39015024537832

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Judicial Review in Mexico by Richard D. Baker Pdf

The 'amparo' suit is a Mexican legal institution similar in its effects to such Anglo-American procedures as habeas corpus, error, and the various forms of injunctive relief. It has undergone a long evolution since it was incorporated into the Constitution of 1857. Today, its principal purpose is to protect private individuals in the enjoyment of the rights guaranteed by the first twenty-nine articles of the Constitution. The first part of Richard D. Baker's book describes the historical background of amparo and other methods of constitutional defense in Mexico. The second part is an exposition of the workings of the amparo suit in the twentieth century and the constitutional and statutory provisions affecting it. Baker's study is the first one in English dealing with this subject and is one of the most extensive in any language. It should be welcome as a valuable tool to all students of Mexican law, history, and political thought.

Author : Melissa Crouch
Publisher : Cambridge University Press
Page : 449 pages
File Size : 48,8 Mb
Release : 2019-09-19
Category : Law
ISBN : 9781108493468

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The Politics of Court Reform by Melissa Crouch Pdf

Offers an analysis of the politics of court reform through a focused review of Indonesia's complex court system.

Author : Rachel Sieder,L. Schjolden,A. Angell
Publisher : Springer
Page : 314 pages
File Size : 45,9 Mb
Release : 2016-04-30
Category : Social Science
ISBN : 9781137108876

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The Judicialization of Politics in Latin America by Rachel Sieder,L. Schjolden,A. Angell Pdf

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.

Author : Richard D. Baker
Publisher : Unknown
Page : 0 pages
File Size : 48,5 Mb
Release : 1971
Category : Electronic
ISBN : OCLC:313121131

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Judicial Review in Mexico by Richard D. Baker Pdf

Author : Niels Uildriks
Publisher : Lexington Books
Page : 333 pages
File Size : 49,7 Mb
Release : 2010-04-02
Category : History
ISBN : 9780739128947

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Mexico's Unrule of Law by Niels Uildriks Pdf

Mexico's Unrule of Law: Human Rights and Police Reform Under Democratization looks at recent Mexican criminal justice reforms. Using Mexico City as a case study of the social and institutional realities, Niels Uildriks focuses on the evolving police and justice system within the county's long-term transition from authoritarian to democratic governance. By analyzing extensive and penetrating police surveys and interviews, he goes further to offer innovative ideas on how to simultaneously achieve greater community security, democratic policing, and adherence to human rights.

Author : William Suarez-Potts
Publisher : Stanford University Press
Page : 361 pages
File Size : 48,9 Mb
Release : 2012-09-26
Category : History
ISBN : 9780804783484

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The Making of Law by William Suarez-Potts Pdf

Despite Porfirio Díaz's authoritarian rule (1877-1911) and the fifteen years of violent conflict typifying much of Mexican politics after 1917, law and judicial decision-making were important for the country's political and economic organization. Influenced by French theories of jurisprudence in addition to domestic events, progressive Mexican legal thinkers concluded that the liberal view of law—as existing primarily to guarantee the rights of individuals and of private property—was inadequate for solving the "social question"; the aim of the legal regime should instead be one of harmoniously regulating relations between interdependent groups of social actors. This book argues that the federal judiciary's adjudication of labor disputes and its elaboration of new legal principles played a significant part in the evolution of Mexican labor law and the nation's political and social compact. Indeed, this conclusion might seem paradoxical in a country with a civil law tradition, weak judiciary, authoritarian government, and endemic corruption. Suarez-Potts shows how and why judge-made law mattered, and why contemporaries paid close attention to the rulings of Supreme Court justices in labor cases as the nation's system of industrial relations was established.

Author : Matthew C. Ingram,Diana Kapiszewski
Publisher : University of Notre Dame Pess
Page : 463 pages
File Size : 55,7 Mb
Release : 2019-05-15
Category : Political Science
ISBN : 9780268102845

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Beyond High Courts by Matthew C. Ingram,Diana Kapiszewski Pdf

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.