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Courts in Latin America
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 Politics of Principle
Uses a single-country case study to enrich research on the role of constitutional courts in new democracies.
Constitution-Making and Transnational Legal Order
Constitutions are no longer exclusively national projects, but increasingly result from broader transnational processes that form a transnational legal order.
Proportionality and Transformation
This is the first book on the theory and practice of proportionality in Latin American constitutional law.
Democratization and the Judiciary
This title examines the political role of courts in new democracies in Latin America and Africa, focusing on their ability to hold political power-holders accountable when they act outside their constitutionally defined powers. The book also issues a warning: there are problems inherent in the current global move towards strong constitutional government, where increasingly strong powers are placed in the hands of judges who themselves are not made accountable.
Latin American Constitutionalism,1810-2010
This study of 200 years of Latin American constitutionalism (1810-2010) both presents a description and a critical analysis of what Latin Americans did with their Constitutions during those years.
The Alchemists
This book presents a searching critique of excessive reliance on courts as 'democracy-builders' in states emerging from authoritarian rule.
The Morals of the Market
The fatal embrace of human rights and neoliberalism Drawing on detailed archival research on the parallel histories of human rights and neoliberalism, Jessica Whyte uncovers the place of human rights in neoliberal attempts to develop a moral framework for a market society. In the wake of the Second World War, neoliberals saw demands for new rights to social welfare and self-determination as threats to “civilisation”. Yet, rather than rejecting rights, they developed a distinctive account of human rights as tools to depoliticise civil society, protect private investments and shape liberal subjects.
Representation and Effectiveness in Latin American Democracies
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 rel...
Comparative Human Rights Diplomacy
This book provides a comprehensive picture of the human rights diplomacy of the sub-Saharan African states, Asian states, Muslim states, the European Union, and the Latin American and Caribbean states. The book is based on the assumption that the religious and cultural norms of all important civilizations/cultures/religions can be reconciled, within certain limits, with the international human rights standards. The book explodes the myth that the UN Human Rights Council has become a platform for a “clash of civilizations”.
