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Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Argentina provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence,...
Comparative studies examine the constitutional design and actual operation of governments in Argentina, Australia, Austria, Canada, Germany, India, Nigeria, Russia, South Africa, Switzerland, and the United States. Contributors analyze the structures and workings of legislative, executive, and judicial institutions in each sphere of government. They also explore how the federal nature of the polity affects those institutions and how the institutions in turn affect federalism. The book concludes with reflections on possible future trends.
In December 1931, El Salvador’s civilian president, Arturo Araujo, was overthrown in a military coup. Such an event was hardly unique in Salvadoran history, but the 1931 coup proved to be a watershed. Araujo had been the nation’s first democratically elected president, and although no one could have foreseen the result, the coup led to five decades of uninterrupted military rule, the longest run in modern Latin American history. Furthermore, six weeks after coming to power, the new military regime oversaw the crackdown on a peasant rebellion in western El Salvador that is one of the worst episodes of state-sponsored repression in modern Latin American history. Democracy would not return ...
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The book provides a comprehensive analysis of local government in federations. It fills the gap in current legal research and positions local government in federal studies through the lenses of comparative law, adopting a more nuanced approach to local government. The book considers the shortcomings between the black-letter constitution and its operational rules. Whether (and how) the regime of local government is implemented is more relevant than its formal-but-ineffective recognition. The comparative survey discloses the variety local institutions take in different federal contexts. Divided into three parts, the book comprises chapters investigating local government in systems that, to var...
This handbook provides a toolbox of definitions and typologies to develop a theory of multilevel constitutionalism and subnational constitutions. The volume examines systems with subnational entities that have full subnational constituent autonomy and systems where subnational constituent powers, while claimed by subnational governments, are incomplete or non-existent. Understanding why complete subnational constituent power exists or is denied sheds significant light on the status and functioning of subnational constitutions. The book deals with questions of how constitutions at multiple levels of a political system can co-exist and interact. The term ‘multilevel constitutionalism’, rec...
This book addresses two questions: firstly, how has the fight against COVID-19, especially the individual and collective responses of Latin American nation-states, influenced the relationship between power, people, and statebodies? And secondly, has democracy taken a step back and allowed pandemocracy to replace its long-term legitimising function? Adopting a Global South perspective, the book explores the constitutional, political and institutional measures that paved the way for several aggressive state policies in various Latin American countries during the COVID-19 pandemic. The contributions provide a detailed review of democratic decay and the 'rule of law' impairment in many countries...
Studying institutional development is not only about empowering communities to withstand political buccaneering; it is also about generating effective and democratic governance so that all members of a community can enjoy the benefits of social life. In the U.S.-Mexico borderlands, cross-border governance draws only sporadic—and even erratic—attention, primarily in times of crises, when governance mechanisms can no longer provide even moderately adequate solutions. This volume addresses the most pertinent binational issues and how they are dealt with by both countries. In this important and timely volume, experts tackle the important problem of cross-border governance by an examination o...