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Executive Decree Authority
This book offers a theory that predicts when executives should turn to decree and when legislatures should accept this method of policy-making.
Proportionality and Transformation
This is the first book on the theory and practice of proportionality in Latin American constitutional law.
Counter-Terrorism
The response of governments to terrorism is one of the most controversial issues of the twenty-first century. Balancing the desire to achieve security with the safeguarding of human rights has proved to be highly contentious. This book analyzes the international rule of law framework in which counter-terrorism responses occur, namely those of international human rights, humanitarian, criminal, and refugee law. It focuses on some of the most pressing, emerging and/or under-researched issues and tensions, including: the policy choices associated with meeting security imperatives; the tensions between the criminal justice approach to counter-terrorism and the military approach; the identificati...
The Friendly Liquidation of the Past
Constitutional reform has been one of the most significant aspects of democratization in late twentieth century Latin America. In The Friendly Liquidation of the Past—one of the first texts to examine this issue comprehensively —Van Cott focuses on the efforts of Bolivia and Colombia to incorporate ethnic rights into their fragile democracies. In the1990s, political leaders and social movements in Bolivia and Colombia expressed dissatisfaction with the quality of democracy--its exclusionary nature, the distance and illegitimacy of the state, and the empty promise of citizenship. The highly symbolic act of constitution making elevated a public struggle for rights to the level of a discuss...
European and US Constitutionalism
This book compiles the papers and comments delivered at the Confârence on "European and American constitutionaism" which took place in Gèttingen in 2003. Through topics like freedom of speech, human dignity, the protective function of the state, adjudication and democracy and international influences, the conference papers identify salient features of the constitutional systems on both sides of the Atlantic and address recent developments following the end of the soviet era in eastern Europe and the terrorists attacks of 11 September 2001.
Constitutional Questions in Latin America and Peru
The book delves into constitutional essays focused on Latin America, with a particular emphasis on Peru. It explores legal theories surrounding the development of human rights, rooted in constitutional pluralism. Drawing from the insights gathered by organizations within the Inter-American Human Rights System, notably the Court and the Commission, this examination extends to its impact on local judicial bodies, including the Judiciary and notably the Constitutional Court. These efforts aim to protect traditional civil and political rights alongside social rights. However, the work also addresses the ongoing challenge of safeguarding emerging rights, such as fundamental digital and environmental rights, while bolstering protections for vulnerable populations like migrants and the LGBTQ+ community. By adopting a holistic approach, the book aspires to serve as a valuable resource for academics, experts, students, and professionals engaged in the study and practice of Latin American Constitutionalism.
The Inter-American Human Rights System
This volume brings together innovative work from emerging and leading scholars in international law and political science to critically examine the impact of the Inter-American Human Rights System (IAHRS). By leveraging a variety of theoretical frameworks and methodological approaches, the contributors assess the impact of the IAHRS on domestic human rights change in Latin America. More specifically, the book provides a nuanced analysis of the System’s impact by examining the ways in which the IAHRS influences domestic actors and political institutions advancing the realisation of human rights. This work will be of interest to students and scholars of human rights and Latin American politics, as well as to those engaged with the nexus of international law and domestic politics and the dynamics of international and regional institutions.
Constitutional Protection of Human Rights in Latin America
This book examines the most recent trends in the constitutional and legal regulations in all Latin American countries regarding the amparo proceeding. It analyzes the regulations of the seventeen amparo statutes in force in Latin America, as well as the regulation on the amparo guarantee established in Article 25 of the American Convention of Human Rights.
Equal Access to Justice for All and Goal 16 of the Sustainable Development Agenda: Challenges for Latin America and Europe
The book provides an extensive overview of objectives and current implementation of Goal 16 of the Sustainable Development Goals in Latin America and Europe. Based on discussions at the GIZ-EIUC conference in Venice of May 2017, the book offers new insights into specifically Goal 16.3 from a Latin American and European perspective. Current challenges to access to justice before the European and the Inter-American Courts of Human Rights as well as common and different challenges to the European and Inter-American Human Rights systems are assessed. Based on the foundational work of the GIZ-DIRAJus project in Latin America specific challenges of access to justice in Mexico, Peru, Brazil, El Salvador and Chile are comprehensively examined. The issues identified in the book based on Latin American and European efforts in ensuring access to justice offer guidance in what way additional indicators for Goal 16.3 could be developed.
Fractured Politics
Latin American opinion surveys consistently point to Peruvian citizens' deep distrust of their elected rulers and democratic institutions. The 2011 presidential and legislative elections in Peru, along with the regional and municipal polls of the previous year, showed once again the degree of political fragmentation in contemporary Peru and the weakness of its party system. Fractured Politics examines the history of political exclusion in Peru, the weakness of representative institutions, and the persistence of localized violent protest. It also evaluates the contribution of institutional reforms in bridging the gap between state and society, including Peru's Law on Political Parties, administrative decentralization, and the experience of the Defensoría, or ombudsman's office. The chapters, by leading scholars of Peruvian politics, emerge from a conference, held in 2009 in Saint Antony's College Oxford. Julio Cotler, from the Instituto de Estudios Peruanos (IEP), was the keynote speaker.
