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Consequential Courts
In the early twenty-first century, courts have become versatile actors in the governance of many constitutional democracies, and judges play a variety of roles in politics and policy making. Assembling papers penned by academic specialists on high courts around the world, and presented during a year-long Andrew W. Mellon Foundation John E. Sawyer Seminar at the University of California, Berkeley, this volume maps the roles in governance that courts are undertaking and the ways they have come to matter in the political life of their nations. It offers empirically rich accounts of dramatic judicial actions in the Americas, Europe, the Middle East and Asia, exploring the political conditions and judicial strategies that have fostered those assertions of power and evaluating when and how courts' performance of new roles has been politically consequential. By focusing on the content and consequences of judicial power, the book advances a new agenda for the comparative study of courts.
President and Congress in Postauthoritarian Chile
As many formerly authoritarian regimes have been replaced by democratic governments in Latin America, Eastern Europe, and elsewhere, questions have arisen about the stability and durability of these new governments. One concern has to do with the institutional arrangements for governing bequeathed to the new democratic regimes by their authoritarian predecessors and with the related issue of whether presidential or parliamentary systems work better for the consolidation of democracy. In this book, Peter Siavelis takes a close look at the important case of Chile, which had a long tradition of successful legislative resolution of conflict but was left by the Pinochet regime with a changed inst...
Human Rights and the "politics of Agreements"
When Patricio Aylwin became President of Chile, on March 11, 1990, he promised to resolve the human rights legacy of over 16 years of military dictatorship through a process of exposing the truth about past abuses and seeking justice. Fortunately, America's Watch was there to report. Published by Hu
They Used to Call Us Witches
They Used to Call Us Witches is an informative, highly readable account of the role played by Chilean women exiles during the dictatorship of General Augusto Pinochet from 1973-1990. Sociologist Julie Shayne looks at the movement organized by exiled Chileans in Vancouver, British Columbia, to denounce Pinochet's dictatorship and support those who remained in Chile. Through the use of extensive interviews, the history is told from the perspective of Chilean women in the exile community established in Vancouver.
Where Memory Dwells
"Where Memory Dwells is a crucial contribution to the current debate on political violence. Macarena Gómez-Barris has researched exhaustively on the Chilean post-dictatorship to find the deep relationship between what happened in Chile on September 11, 1973 and what is going on today, in Chile and in the world."—Sergio Villalobos-Ruminott, University of Arkansas "This book offers intriguing insights on the symbolic, aesthetic, and personal aspects of memory-making by activists, survivors, and artists during the afterlife of the Pinochet dictatorship. The author shows how specific cultural actors wrestle creatively with the dilemma of how to represent experiences of atrocity that defy our ...
Rule of Law, Human Rights and Judicial Control of Power
Judicial control of public power ensures a guarantee of the rule of law. This book addresses the scope and limits of judicial control at the national level, i.e. the control of public authorities, and at the supranational level, i.e. the control of States. It explores the risk of judicial review leading to judicial activism that can threaten the principle of the separation of powers or the legitimate exercise of state powers. It analyzes how national and supranational legal systems have embodied certain mechanisms, such as the principles of reasonableness, proportionality, deference and margin of appreciation, as well as the horizontal effects of human rights that help to determine how far a...
Limits of Tolerance
History and Legal Norms
Transitional Justice
Includes over 100 laws, regulations and decrees, constitutional provisions, judicial decisions, reports of official, commissions of inquiry, and treaty excerpts from 28 countries and from international organizations.
Towering Judges
This first-of-its-kind volume surveys twenty constitutional judges who 'towered' over their peers, exploring their complexities and flaws.
La tradición constitucional en la UC
En medio del debate nacional sobre el cambio de la Constitución ha surgido con fuerza la noción de tradición constitucional chilena como parámetro de evaluación del proceso, pero los conceptos ligados a esta tradición han sido poco estudiados desde el constitucionalismo nacional y su contenido es objeto de continua controversia. ¿Cuál es el contexto político-cultural que marca los orígenes y forja los pilares fundamentales de una tradición constitucional específica, determinando su rumbo y desarrollo posterior? ¿Cuáles son las peculiaridades de esta tradición, sus valores, principios e instituciones? ¿Qué define la estructura y le da coherencia interna, distinguiéndola de o...
