The Limits Of Judicialization

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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 : 41,8 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.

The Limits of Judicialization

Sandra Botero Cabrera,Daniel M. Brinks,Ezequiel González Ocantos
The Limits of Judicialization Book PDF

Author : Sandra Botero Cabrera,Daniel M. Brinks,Ezequiel González Ocantos
Publisher : Unknown
Page : 128 pages
File Size : 55,6 Mb
Release : 2022
Category : Political questions and judicial power
ISBN : 1009093851

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The Limits of Judicialization by Sandra Botero Cabrera,Daniel M. Brinks,Ezequiel González Ocantos Pdf

"This book brings together an interdisciplinary group of scholars to take stock of the role that law and courts have played and are playing today in Latin American politics. Beginning in the 1980s, Latin American courts, especially supreme and constitutional courts, left behind decades of subservience and irrelevance to become crucial political actors across the region. In the intervening decades, the law and legal institutions gained prominence as tools for social contestation and change. Like never before, judges entered the political maelstrom, serving as arbiters between the branches of government in heated debates over policy and the reach of presidential or legislative prerogatives. Working with prosecutors, courts also investigated corruption - not only, as in the past, the misdeeds of prior administrations but also those of people still in power. In the process, politicians began to realize that laws and constitutions perhaps meant mostly as window dressing were becoming more costly, as courts might actually hold them to the standards they were creating. Motivated by these developments, individuals and social movements turned the courts into battlegrounds for the realization and expansion of civil, political, cultural, and socio-economic rights"--

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 : 48,9 Mb
Release : 2022-08-25
Category : Political Science
ISBN : 9781009098342

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

Utilizing case studies of seven Latin American countries, this book reassesses the role of legal institutions in the politics of the region.

Judicializing Everything?

Mark S. Harding
Judicializing Everything Book PDF

Author : Mark S. Harding
Publisher : University of Toronto Press
Page : 192 pages
File Size : 51,8 Mb
Release : 2022
Category : Law
ISBN : 9781487528485

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Judicializing Everything? by Mark S. Harding Pdf

Judicializing Everything? focuses on judicial decision-making in parliamentary states that have recently adopted bills of rights.

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 : 46,8 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.

Administrative Law and Governance in Asia

Tom Ginsburg,Albert H.Y. Chen
Administrative Law and Governance in Asia Book PDF

Author : Tom Ginsburg,Albert H.Y. Chen
Publisher : Routledge
Page : 395 pages
File Size : 44,6 Mb
Release : 2008-10-30
Category : Law
ISBN : 9781135970642

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Administrative Law and Governance in Asia by Tom Ginsburg,Albert H.Y. Chen Pdf

This book examines administrative law in Asia, exploring the profound changes in the legal regimes of many Asian states that have taken place in recent years. Political democratization in some countries, economic change more broadly and the forces of globalization have put pressure on the developmental state model, wherein bureaucrats governed in a kind of managed capitalism and public-private partnerships were central. In their stead, a more market-oriented regulatory state model seems to be emerging in many jurisdictions, with emphases on transparency, publicity, and constrained discretion. This book analyses the causes and consequences of this shift from a socio-legal perspective, showing clearly how decisions about the scope of administrative law and judicial review have an important effect on the shape and style of government regulation. Taking a comparative approach, individual chapters trace the key developments in the legal regimes of major states across Asia, including China, Japan, Korea, Malaysia, Taiwan, Hong Kong, Indonesia, Singapore, the Philippines, Thailand and Vietnam. They demonstrate that, in many cases, Asian states have shifted away from traditional systems in which judges were limited in terms of their influence over social and economic policy, towards regulatory models of the state involving a greater role for judges and law-like processes. The book also considers whether judiciaries are capable of performing the tasks they are being given, and assesses the profound consequences the judicialization of governance is starting to have on state policy-making in Asia.

Health as a Human Right

Octávio Luiz Motta Ferraz
Health as a Human Right Book PDF

Author : Octávio Luiz Motta Ferraz
Publisher : Cambridge University Press
Page : 363 pages
File Size : 47,5 Mb
Release : 2020-12-17
Category : Law
ISBN : 9781108483643

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Health as a Human Right by Octávio Luiz Motta Ferraz Pdf

An in-depth critical analysis of the effects of the right to health in Brazil over the past thirty years.

Central and Eastern Europe After Transition

Wojciech Sadurski
Central and Eastern Europe After Transition Book PDF

Author : Wojciech Sadurski
Publisher : Routledge
Page : 374 pages
File Size : 44,7 Mb
Release : 2016-04-08
Category : Law
ISBN : 9781317169000

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Central and Eastern Europe After Transition by Wojciech Sadurski Pdf

How have national identities changed, developed and reacted in the wake of transition from communism to democracy in Central and Eastern Europe? Central and Eastern Europe After Transition defines and examines new autonomous differences adopted at the state and the supranational level in the post-transitional phase of the post-Communist area, and considers their impact on constitutions, democracy and legal culture. With representative contributions from older and newer EU members, the book provides a broad set of cultural points for reference. Its comparative and interdisciplinary approach includes a useful selection of bibliographical resources specifically devoted to the Central Eastern European countries' transitions.

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 : 54,5 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.

Research Handbook on International Courts and Tribunals

William A. Schabas,Shannonbrooke Murphy
Research Handbook on International Courts and Tribunals Book PDF

Author : William A. Schabas,Shannonbrooke Murphy
Publisher : Edward Elgar Publishing
Page : 576 pages
File Size : 43,7 Mb
Release : 2017-02-24
Category : Electronic
ISBN : 9781781005026

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Research Handbook on International Courts and Tribunals by William A. Schabas,Shannonbrooke Murphy Pdf

This collection takes a thematic and interpretive, system-wide and inter-jurisdictional comparative approach to the debates and controversies related to the growth of international courts and tribunals. By providing a synthetic overview and critical analysis of these developments from a variety of perspectives, it both contextualizes and stimulates future research and practice in this rapidly developing field.

Beyond Constitutionalism

Nico Krisch
Beyond Constitutionalism Book PDF

Author : Nico Krisch
Publisher : OUP Oxford
Page : 384 pages
File Size : 49,8 Mb
Release : 2012-09-06
Category : Law
ISBN : 9780191637261

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Beyond Constitutionalism by Nico Krisch Pdf

Under pressure from globalisation, the classical distinction between domestic and international law has become increasingly blurred, spurring demand for new paradigms to construe the emerging postnational legal order. The typical response of constitutional and international lawyers as well as political theorists has been to extend domestic concepts - especially constitutionalism - beyond the state. Yet as this book argues, proposals for postnational constitutionalism not only fail to provide a plausible account of the changing shape of postnational law but also fall short as a normative vision. They either dilute constitutionalism's origins and appeal to 'fit' the postnational space; or they create tensions with the radical diversity of postnational society. This book explores an alternative, pluralist vision of postnational law. Pluralism does not rely on an overarching legal framework but is characterised by the heterarchical interaction of various suborders of different levels - an interaction that is governed by a multiplicity of conflict rules whose mutual relationship remains legally open. A pluralist model can account for the fragmented structure of the European and global legal orders and it reflects the competing (and often equally legitimate) claims for control of postnational politics. However, it typically provokes concerns about stability, power and the rule of law. This book analyses the promise and problems of pluralism through a theoretical enquiry and empirical research on major global governance regimes, including the European human rights regime, the contestation around UN sanctions and human rights, and the structure of global risk regulation. The empirical research reveals how prevalent pluralist structures are in postnational law and what advantages they possess over constitutionalist models. Despite the problems it also reveals, the analysis suggests cautious optimism about the possibility of stable and fair cooperation in pluralist settings.

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 : 53,9 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 Appellate Body of the WTO and Its Reform

Chang-fa Lo,Junji Nakagawa,Tsai-fang Chen
The Appellate Body of the WTO and Its Reform Book PDF

Author : Chang-fa Lo,Junji Nakagawa,Tsai-fang Chen
Publisher : Springer Nature
Page : 348 pages
File Size : 49,5 Mb
Release : 2019-11-05
Category : Law
ISBN : 9789811502552

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The Appellate Body of the WTO and Its Reform by Chang-fa Lo,Junji Nakagawa,Tsai-fang Chen Pdf

This is the first book that critically examines the reform of the Appellate Body (AB) of the World Trade Organization (WTO) in light of the current crisis resulting from the U.S. blocking of the appointment of its members. The reform of the AB is critical, as the appointment crisis could lead to the demise of “the jewel in the crown,” which may even cause the dismantling of the WTO as a whole. This book covers various aspects of the crisis and its reform. Specifically, as the crisis cannot be fully understood without reviewing the role of the AB from the broader perspectives of the other functions of the WTO, the book examines the reform of the AB from the broader perspectives of the WTO governance. Additional focus is on the reform of the AB in relation to its specific functions. Available options are provided to address the AB crisis, as well as discussion of wider implications beyond the WTO. Contributed by world-renowned academics, experts, and practitioners in the field of international economic law, this volume provides a comprehensive analysis of the AB crisis and its solutions.

The Judiciary in Central and Eastern Europe

Zdenek Kühn
The Judiciary in Central and Eastern Europe Book PDF

Author : Zdenek Kühn
Publisher : BRILL
Page : 336 pages
File Size : 40,9 Mb
Release : 2011-10-28
Category : Law
ISBN : 9789047429005

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The Judiciary in Central and Eastern Europe by Zdenek Kühn Pdf

The book analyses the judicial culture in East Central Europe from the era of Stalinism up to the post-Communist period of the 1990s and 2000s. The book targets the judicial ideology and the conception of law, phenomena most resistant to change.

A Sociology of Constitutions

Chris Thornhill
A Sociology of Constitutions Book PDF

Author : Chris Thornhill
Publisher : Cambridge University Press
Page : 467 pages
File Size : 54,8 Mb
Release : 2011-07-14
Category : Law
ISBN : 9781139495806

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A Sociology of Constitutions by Chris Thornhill Pdf

Using a methodology that both analyzes particular constitutional texts and theories and reconstructs their historical evolution, Chris Thornhill examines the social role and legitimating status of constitutions from the first quasi-constitutional documents of medieval Europe, through the classical period of revolutionary constitutionalism, to recent processes of constitutional transition. A Sociology of Constitutions explores the reasons why modern societies require constitutions and constitutional norms and presents a distinctive socio-normative analysis of the constitutional preconditions of political legitimacy.