The Judicialization Of Politics In Latin America

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The Judicialization of Politics in Latin America

Rachel Sieder,L. Schjolden,A. Angell
The Judicialization of Politics in Latin America Book PDF

Author : Rachel Sieder,L. Schjolden,A. Angell
Publisher : Springer
Page : 314 pages
File Size : 53,8 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.

Cultures of Legality

Javier Couso,Alexandra Huneeus,Rachel Sieder
Cultures of Legality Book PDF

Author : Javier Couso,Alexandra Huneeus,Rachel Sieder
Publisher : Cambridge University Press
Page : 305 pages
File Size : 48,6 Mb
Release : 2010-04-30
Category : Law
ISBN : 9780521767231

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Cultures of Legality by Javier Couso,Alexandra Huneeus,Rachel Sieder Pdf

Ideas about law are undergoing dramatic change in Latin America. The consolidation of democracy as the predominant form of government and the proliferation of transnational legal instruments have ushered in an era of new legal conceptions and practices. Law has become a core focus of political movements and policy-making. This volume explores the changing legal ideas and practices that accompany, cause, and are a consequence of the judicialization of politics in Latin America. It is the product of a three-year international research effort, sponsored by the Law and Society Association, the Latin American Studies Association, and the Ford Foundation, that gathered leading and emerging scholars of Latin American courts from across disciplines and across continents.

The Limits of Judicialization

Sandra Botero,Daniel M. Brinks,Ezequiel A. Gonzalez-Ocantos
The Limits of Judicialization Book PDF

Author : Sandra Botero,Daniel M. Brinks,Ezequiel A. Gonzalez-Ocantos
Publisher : Cambridge University Press
Page : 363 pages
File Size : 48,8 Mb
Release : 2022-08-25
Category : Political Science
ISBN : 9781009103411

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The Limits of Judicialization by Sandra Botero,Daniel M. Brinks,Ezequiel A. Gonzalez-Ocantos Pdf

Latin America was one of the earliest and most enthusiastic adopters of what has come to be known as the judicialization of politics - the use of law and legal institutions as tools of social contestation to curb the abuse of power in government, resolve policy disputes, and enforce and expand civil, political, and socio-economic rights. Almost forty years into this experiment, The Limits of Judicialization brings together a cross-disciplinary group of scholars to assess the role that law and courts play in Latin American politics. Featuring studies of hot-button topics including abortion, state violence, judicial corruption, and corruption prosecutions, this volume argues that the institutional and cultural changes that empowered courts, what the editors call the 'judicialization superstructure,' often fall short of the promise of greater accountability and rights protection. Illustrative and expansive, this volume offers a truly interdisciplinary analysis of the limits of judicialized politics.

Courts in Latin America

Gretchen Helmke,Julio Rios-Figueroa
Courts in Latin America Book PDF

Author : Gretchen Helmke,Julio Rios-Figueroa
Publisher : Cambridge University Press
Page : 353 pages
File Size : 46,5 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.

The Rule of Law in Nascent Democracies

Rebecca Bill Chavez
The Rule of Law in Nascent Democracies Book PDF

Author : Rebecca Bill Chavez
Publisher : Stanford University Press
Page : 284 pages
File Size : 45,5 Mb
Release : 2004
Category : Law
ISBN : 0804748128

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The Rule of Law in Nascent Democracies by Rebecca Bill Chavez Pdf

This book explains how the rule of law emerges and how it survives in nascent democracies. The question of how nascent democracies construct and fortify the rule of law is fundamentally about power. By focusing on judicial autonomy, a key component of the rule of law, this book demonstrates that the fragmentation of political power is a necessary condition for the rule of law. In particular, it shows how party competition sets the stage for independent courts. Using case studies of Argentina at the national level and of two neighboring Argentine provinces, San Luis and Mendoza, this book also addresses patterns of power in the economic and societal realms. The distribution of economic resources among members of a divided elite fosters competitive politics and is therefore one path to the requisite political fragmentation. Where institutional power and economic power converge, a reform coalition of civil society actors can overcome monopolies in the political realm.

Constitutional Courts as Mediators

Julio Ríos-Figueroa,Julio Ríos Figueroa
Constitutional Courts as Mediators Book PDF

Author : Julio Ríos-Figueroa,Julio Ríos Figueroa
Publisher : Cambridge University Press
Page : 255 pages
File Size : 40,8 Mb
Release : 2016-04-15
Category : Law
ISBN : 9781107079786

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Constitutional Courts as Mediators by Julio Ríos-Figueroa,Julio Ríos Figueroa Pdf

The book proposes an informational theory of constitutional review highlighting the mediator role of constitutional courts in democratic conflict solving.

The Global Expansion of Judicial Power

C Neal Tate,Torbjorn Vallinder
The Global Expansion of Judicial Power Book PDF

Author : C Neal Tate,Torbjorn Vallinder
Publisher : NYU Press
Page : 482 pages
File Size : 51,9 Mb
Release : 1997-06-01
Category : Political Science
ISBN : 9780814770061

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The Global Expansion of Judicial Power by C Neal Tate,Torbjorn Vallinder Pdf

In Russia, as the confrontation over the constitutional distribution of authority raged, Boris Yeltsin's economic program regularly wended its way in and out of the Constitutional Court until Yeltsin finally suspended that court in the aftermath of his clash with the hard-line parliament. In Europe, French and German legislators and executives now routinely alter desired policies in response to or in anticipation of the pronouncements of constitutional courts. In Latin America and Africa, courts are--or will be-- important participants in ongoing efforts to establish constitutional rules and policies protect new or fragile democracies from the threats of military intervention, ethnic conflict, and revolution. This global expansion of judicial power, or judicialization of politics is accompanied by an increasing domination of negotiating or decision making arenas by quasi- judicial procedures. For better or for worse, the judicialization of politics has become one of the most significant trends of the end of the millenium. In this book, political scientists, legal scholars, and judges around the world trace the intellectual origins of this trend, describe its occurence--or lack of occurence--in specific nations, analyze the circumstances and conditions that promote or retard judicialization, and evaluate the phenomenon from a variety of intellectual and ideological perspectives.

The Unfinished Transition to Democracy in Latin America

Juan Carlos Calleros-Alarcón
The Unfinished Transition to Democracy in Latin America Book PDF

Author : Juan Carlos Calleros-Alarcón
Publisher : Routledge
Page : 260 pages
File Size : 50,8 Mb
Release : 2008-11-20
Category : Political Science
ISBN : 9781135907211

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The Unfinished Transition to Democracy in Latin America by Juan Carlos Calleros-Alarcón Pdf

This book examines the political evolution of the judiciary – a usually overlooked political actor – and its capacity to contribute to the process of democratic consolidation in Latin America during the 1990s. Calleros analyzes twelve countries in order to assess the independence, impartiality, political strength and efficiency of the judicial branch. The picture that emerges – with the one exception of Costa Rica – is the persistence of weak judicial systems, unable in practice to check other branches of government, including the executive and the military, while not quite effective in fully protecting human rights or in implementing due process of law guarantees. Aggravating issues, such as corruption, heavy case backlogs, overcrowding of prisons, circumvention of laws and personal vulnerability of judges, make the judiciary the least evolved of the three branches of government in the Latin American transitions to democracy.

The Politics of Transitional Justice in Latin America

Ezequiel A. Gonzalez-Ocantos
The Politics of Transitional Justice in Latin America Book PDF

Author : Ezequiel A. Gonzalez-Ocantos
Publisher : Cambridge University Press
Page : 75 pages
File Size : 53,6 Mb
Release : 2020-02-06
Category : Political Science
ISBN : 1108799086

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The Politics of Transitional Justice in Latin America by Ezequiel A. Gonzalez-Ocantos Pdf

How has Latin America pioneered the field of transitional justice (TJ)? Do approaches vary across the region? This Element describes Latin American innovations in trials and truth commissions, and evaluates two influential models that explain variation in TJ outcomes: the Huntingtonian and Justice Cascade approaches. It argues that scholars should complement these approaches with one that recognizes the importance of state capacity building and institutional change. To translate domestic/international political pressure and human rights norms into outcomes, states must develop 'TJ capabilities'. Not only should states be willing to pursue these highly complex policies, they must also develop competent bureaucracies.

Shifting Legal Visions

Ezequiel A. González-Ocantos
Shifting Legal Visions Book PDF

Author : Ezequiel A. González-Ocantos
Publisher : Cambridge University Press
Page : 343 pages
File Size : 50,5 Mb
Release : 2016-08-18
Category : Law
ISBN : 9781107145238

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Shifting Legal Visions by Ezequiel A. González-Ocantos Pdf

An in-depth study of processes of judicial transformation that enabled the success of human rights trials in Latin America.

High Courts and Economic Governance in Argentina and Brazil

Diana Kapiszewski
High Courts and Economic Governance in Argentina and Brazil Book PDF

Author : Diana Kapiszewski
Publisher : Cambridge University Press
Page : 303 pages
File Size : 51,6 Mb
Release : 2012-09-24
Category : Law
ISBN : 9781107008281

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High Courts and Economic Governance in Argentina and Brazil by Diana Kapiszewski Pdf

This study analyzes how elected leaders and high courts in Argentina and Brazil interact over economic governance.

Representation and Effectiveness in Latin American Democracies

Moira B. MacKinnon,Ludovico Feoli
Representation and Effectiveness in Latin American Democracies Book PDF

Author : Moira B. MacKinnon,Ludovico Feoli
Publisher : Routledge
Page : 331 pages
File Size : 53,8 Mb
Release : 2014-03-14
Category : Political Science
ISBN : 9781135935740

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Representation and Effectiveness in Latin American Democracies by Moira B. MacKinnon,Ludovico Feoli Pdf

Legislatures, the judiciary and civil society are important actors in representative democracies. In what ways and how well do they represent? And how effectively do they carry out their institutional and social roles? Both questions refer to the key dimensions of democracy analyzed in this book: representativeness and effectiveness, respectively. While they have been developed separately in scholarly work on institutions and regimes, there is little work considering them simultaneously, and on their interaction. Using quantitative and/or qualitative methods, contributions from top scholars in the field of legislatures, the judiciary and civil society examine these two concepts and their relationships in four Latin American countries: Argentina, Brazil, Chile, and Mexico. Designed to guide the reader through the complexities of this debate, each expert engages in a larger set of theoretical debates about different approaches to representation in each sphere. In doing so, they debate how effectively these spheres carry out their roles in each country: whether a congress is institutionalized, its accountability, and its performance as a lawmaker; whether a judicial system is independent, carries out oversight, and protects citizen rights; and the role of civil society in a representative democracy. Representation and Effectiveness in Latin American Democracies is a timely and welcomed contribution to the to the growing debate about the quality of democracy in Latin America, and the developing world more generally.

What Justice? Whose Justice?

Susan Eckstein,Timothy P. Wickham-Crowley
What Justice Whose Justice Book PDF

Author : Susan Eckstein,Timothy P. Wickham-Crowley
Publisher : Univ of California Press
Page : 377 pages
File Size : 40,5 Mb
Release : 2003-10-09
Category : Business & Economics
ISBN : 9780520237452

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What Justice? Whose Justice? by Susan Eckstein,Timothy P. Wickham-Crowley Pdf

"This splendid collection by two of our leading political sociologists pioneers new directions in the study of social justice in Latin America. What Justice? Whose Justice? is impassioned scholarship at its best. It brings together detailed studies of rights and institutions, inequality and struggle, citizenship and indigenous politics, war and peace. This book is essential reading for anyone interested in what the so-called triumph of democracy over dictatorship in the region really means today in the lives of the still dispossessed."—Matthew C. Gutmann, author of The Romance of Democracy: Compliant Defiance in Contemporary Mexico "This book offers a stimulating interdisciplinary analysis of the gripping problems of justice, inequality, and citizenship, and of citizen responses to these issues in contemporary Latin America. It is essential reading on these interrelated themes."—Scott Mainwaring, co-editor of Presidentialism and Democracy in Latin America "First-rate contributors address the quality of democracy in several Latin American countries in these readable and provocative essays. The volume focuses particularly on the relation between democracy and the law, on the importance of the past, and on informal politics and indigenous political movements. A must-read for all those who are tracking the course of democracy in the region and who are concerned about its political future."—Jane S. Jaquette, co-editor of Women and Democracy: Latin America and Central and Eastern Europe "For anyone who still assumes that markets plus elections suffice to resolve the problems of injustice that are the political, social, and economic patrimony of Latin America, this book will be a firm wake-up call. At the same time, the excellent case studies in this book make it clear that the current global neoliberal regime is no more effective at suppressing local struggles for justice than the more traditional forms of domination that came before it. It is valuable and provocative reading for anyone interested in understanding the contemporary political dynamics of justice and injustice."—Peter Evans, editor of Livable Cities?

Judicial Politics in Mexico

Andrea Castagnola,Saul Lopez Noriega
Judicial Politics in Mexico Book PDF

Author : Andrea Castagnola,Saul Lopez Noriega
Publisher : Routledge
Page : 190 pages
File Size : 45,6 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.

Elusive Reform

Mark Ungar
Elusive Reform Book PDF

Author : Mark Ungar
Publisher : Lynne Rienner Publishers
Page : 298 pages
File Size : 48,8 Mb
Release : 2002
Category : Law
ISBN : 1588260356

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Elusive Reform by Mark Ungar Pdf

Democracy cannot exist, proclaims Ungar (political science, City U. of New York-Brooklyn College) without the rule of law, which he defines as comprising an independent effective judiciary, state accountability to the law, and citizen accessibility to conflict-resolution mechanisms. He looks to Latin American countries to illustrate how stable democracies are undermined by executive power and judicial disarray that prevent the rule of law from taking hold. Annotation copyrighted by Book News, Inc., Portland, OR.