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Transformative Constitutionalism in Latin America
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 America 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 nat...
Philosophical Perspectives on Democracy in the 21st Century
This work offers a timely philosophical analysis of fundamental principles of democracy and the meaning of democracy today. It explores the influence of big money and capitalism on democracy, the role of information and the media in democratic elections, and constitutional issues that challenge democracy in the wake of increased threats to privacy since 2001 and in light of the Citizens United decision of the US Supreme Court. It juxtaposes alternate positions from experts in law and philosophy and examines the question of legitimacy, as well as questions about the access to information, the quality of information, the obligations to attain epistemic competence among the electorate, and the power of money. Drawing together different political perspectives, as well as a variety of disciplines, this collection allows readers the opportunity to compare different and opposing moral and political solutions that both defend and transform democratic theory and practice.
Matters of Justice
After the fall of the Porfirio Díaz regime, pueblo representatives sent hundreds of petitions to Pres. Francisco I. Madero, demanding that the executive branch of government assume the judiciary's control over their unresolved lawsuits against landowners, local bosses, and other villages. The Madero administration tried to use existing laws to settle land conflicts but always stopped short of invading judicial authority. In contrast, the two main agrarian reform programs undertaken in revolutionary Mexico--those implemented by Emiliano Zapata and Venustiano Carranza--subordinated the judiciary to the executive branch and thereby reshaped the postrevolutionary state with the support of villa...
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.
Dismantling Democracy in Venezuela
This book examines the process of dismantling the democratic institutions and protections in Venezuela under the Hugo Chávez regime. The actions of the Chávez government have influenced similar processes and undemocratic manoeuvrings in Ecuador, Bolivia, and Honduras. Since the election of Hugo Chávez as president of Venezuela in 1998, a sinister form of nationalistic authoritarianism has arisen at the expense of long-established democratic standards. During the past decade, the 1999 Venezuelan Constitution has been systematically attacked by all branches of the Chávez government, particularly by the Supreme Tribunal of Justice, which has legitimized the Chávez-ordered constitutional violations. The Chávez regime has purposely defrauded the Constitution and severely restricted representative government, all in the name of a supposedly participatory democracy controlled by a popularly supported central government. This volume illustrates how an authoritarian, nondemocratic government has been established in Venezuela.
Indigenous and Afro-Ecuadorians Facing the Twenty-First Century
The South American country of Ecuador provides a fascinating case study for understanding the construction and emergence of race and ethnic identities. While themes of ethnic identities, indigeneity, and race relations are commonly examined in our respective disciplines, it is less common to bring together essays with from scholars from such a broad variety of disciplines. The papers collected in this volume provide an opportunity to explore indigeneity in comparative perspective with the rest of the region, as well as to highlight the historically important but understudied Afro-Ecuadorian perspectives. The essays in this volume break out of the common tropes and themes that scholars typically employ in their studies of race and ethnicity in Ecuador. In examining Afro-Ecuadorians and Indigenous peoples through the lens of politics, culture, religion, gender, and environmental concerns, we come to a better understanding of the problems and promises facing this country. These essays convey a large diversity of perspectives, disciplines, and issues that reflect the richness and complexities of the social processes that are present in Ecuador.
Regulatory Waves
An analysis of the features of both governmental regulation of non-profit organizations and self-regulation by non-profit sectors themselves.
We the Mediated People
Based on author's thesis (doctoral - YaleUniversity, 2018) issued under title: We, the mediated people: revolution, inclusion, and unconventional adaptation in post-Cold War South America.
Constitutionalism in the Americas
Constitutionalism in the Americas unites the work of leading scholars of constitutional law, comparative law and Latin American and U.S. constitutional law to provide a critical and provocative look at the state of constitutional law across the Americas today. The diverse chapters employ a variety of methodologies – empirical, historical, philosophical and textual analysis – in the effort to provide a comprehensive look at a generation of constitutional change across two continents.
Three Generations of European Constitutional Courts in Transition to Democracy
A comparative perspective of role played by three generations of European Constitutional Courts in the process of transition to democracy.
