The Dna Of Constitutional Justice In Latin America
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Author |
: Daniel M. Brinks |
Publisher |
: Cambridge University Press |
Total Pages |
: 281 |
Release |
: 2018-04-19 |
ISBN-10 |
: 9781107178366 |
ISBN-13 |
: 1107178363 |
Rating |
: 4/5 (66 Downloads) |
Synopsis The DNA of Constitutional Justice in Latin America by : Daniel M. Brinks
Analyzes the political roots of the systems of constitutional justice in Latin America, tracing their development over the last 40 years.
Author |
: Sandra Botero |
Publisher |
: Cambridge University Press |
Total Pages |
: 363 |
Release |
: 2022-08-25 |
ISBN-10 |
: 9781009098342 |
ISBN-13 |
: 1009098349 |
Rating |
: 4/5 (42 Downloads) |
Synopsis The Limits of Judicialization by : Sandra Botero
Utilizing case studies of seven Latin American countries, this book reassesses the role of legal institutions in the politics of the region.
Author |
: Juan F. Gonzalez-Bertomeu |
Publisher |
: Routledge |
Total Pages |
: 412 |
Release |
: 2016-04-20 |
ISBN-10 |
: 9781317026198 |
ISBN-13 |
: 1317026195 |
Rating |
: 4/5 (98 Downloads) |
Synopsis The Latin American Casebook by : Juan F. Gonzalez-Bertomeu
Traditionally relegated because of political pressure and public expectations, courts in Latin America are increasingly asserting a stronger role in public and political discussions. This casebook takes account of this phenomenon, by offering a rigorous and up-to-date discussion of constitutional adjudication in Latin America in recent decades. Bringing to the forefront the development of constitutional law by Latin American courts in various subject matters, the volume aims to highlight a host of creative arguments and solutions that judges in the region have offered. The authors review and discuss innovative case law in light of the countries’ social, political and legal context. Each chapter is devoted to a discussion of a particular area of judicial review, from freedom of expression to social and economic rights, from the internalization of human rights law to judicial checks on the economy, from gender and reproductive rights to transitional justice. The book thus provides a very useful tool to scholars, students and litigants alike.
Author |
: Rosalind Dixon |
Publisher |
: Edward Elgar Publishing |
Total Pages |
: 387 |
Release |
: 2017-06-30 |
ISBN-10 |
: 9781785369216 |
ISBN-13 |
: 1785369210 |
Rating |
: 4/5 (16 Downloads) |
Synopsis Comparative Constitutional Law in Latin America by : Rosalind Dixon
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 |
: Gretchen Helmke |
Publisher |
: Cambridge University Press |
Total Pages |
: 353 |
Release |
: 2011-01-17 |
ISBN-10 |
: 9781139497169 |
ISBN-13 |
: 1139497162 |
Rating |
: 4/5 (69 Downloads) |
Synopsis Courts in Latin America by : Gretchen Helmke
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 |
: Cesar Rodriguez Garavito |
Publisher |
: Routledge |
Total Pages |
: 324 |
Release |
: 2014-09-04 |
ISBN-10 |
: 9781136002489 |
ISBN-13 |
: 1136002480 |
Rating |
: 4/5 (89 Downloads) |
Synopsis Law and Society in Latin America by : Cesar Rodriguez Garavito
Over the past two decades, legal thought and practice in Latin America have changed dramatically: new constitutions or constitutional reforms have consolidated democratic rule, fundamental innovations have been introduced in state institutions, social movements have turned to law to advance their causes, and processes of globalization have had profound effects on legal norms and practices. Law and Society in Latin America: A New Map offers the first systematic assessment by leading Latin American socio-legal scholars of the momentous transformations in the region. Through an interdisciplinary and comparative lens, contributors analyze the central advances and dilemmas of contemporary Latin American law. Among them are pioneering jurisprudence and legal mobilization for the fulfillment of socioeconomic rights in a highly unequal region, the rise of multicultural constitutionalism and legal struggles around identity politics, the globalization of legal education and practice, tensions between developmental policies and environmental justice, and the emergence of a regional human rights system. These and other processes have not only radically altered the institutional landscape of the region, but also produced academic and practical innovations that are of global interest and defy conventional accounts of Latin American law inherited from law-and-development studies. Painting a portrait of the new Latin American legal thought for an international audience, Law and Society in Latin America: A New Map will be of particular interest to students of comparative law, legal mobilization, and Latin American politics.
Author |
: Richard Albert |
Publisher |
: Bloomsbury Publishing |
Total Pages |
: 304 |
Release |
: 2019-07-25 |
ISBN-10 |
: 9781509923526 |
ISBN-13 |
: 1509923527 |
Rating |
: 4/5 (26 Downloads) |
Synopsis Constitutional Change and Transformation in Latin America by : Richard Albert
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 |
: Daniel M. Brinks |
Publisher |
: Cambridge University Press |
Total Pages |
: 359 |
Release |
: 2020-06-11 |
ISBN-10 |
: 9781108489331 |
ISBN-13 |
: 1108489338 |
Rating |
: 4/5 (31 Downloads) |
Synopsis The Politics of Institutional Weakness in Latin America by : Daniel M. Brinks
Rather than an unintended by-product of poor state capacity, weak political and legal institutions are often weak by design.
Author |
: Johanna Fröhlich |
Publisher |
: Bloomsbury Publishing |
Total Pages |
: 535 |
Release |
: 2024-09-05 |
ISBN-10 |
: 9781509960194 |
ISBN-13 |
: 1509960198 |
Rating |
: 4/5 (94 Downloads) |
Synopsis Constitutional Reasoning in Latin America and the Caribbean by : Johanna Fröhlich
This book examines the reasoning practice of 15 constitutional courts and supreme courts, including the Caribbean Commonwealth and the Inter-American Court of Human Rights. Enriched by empirical data, with which it strives to contribute to a constructive and well-informed debate, the volume analyses how Latin American courts justify their decisions. Based on original data and a region-specific methodology, the book provides a systematic analysis utilising more than 600 leading cases. It shows which interpretive methods and concepts are most favoured by Latin American courts, and which courts were the most prolific in their reasoning activities. The volume traces the features of judicial dialogue on a regional and sub-regional level and enables the evaluation and comparison of each country's reasoning culture in different epochs. The collection includes several graphs to visualise the changes and tendencies of the reasoning practices throughout time in the region, based on information gathered from the dataset. To better understand the current functioning and the future tendencies of courts in Latin America and the Caribbean, the volume illuminates how constitutional and supreme courts have actually been making their decisions in the selected landmark cases, which could also contribute to future successful litigation strategies for both national constitutional courts and the Inter-American Court for Human Rights. This project was made possible due to the collaboration and funding provided by the Rule of Law Programme for Latin America of the Konrad Adenauer Foundation and the Law School of the University of San Francisco de Quito.
Author |
: Armin von Bogdandy |
Publisher |
: Oxford University Press |
Total Pages |
: 513 |
Release |
: 2017-07-21 |
ISBN-10 |
: 9780192515476 |
ISBN-13 |
: 0192515470 |
Rating |
: 4/5 (76 Downloads) |
Synopsis Transformative Constitutionalism in Latin America by : Armin von Bogdandy
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.