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The Rule of Law in Nascent Democracies
This book explains how the rule of law emerges and how it survives in nascent democracies. The question of how nascent democracies construct and fortify the rule of law is fundamentally about power. By focusing on judicial autonomy, a key component of the rule of law, this book demonstrates that the fragmentation of political power is a necessary condition for the rule of law. In particular, it shows how party competition sets the stage for independent courts. Using case studies of Argentina at the national level and of two neighboring Argentine provinces, San Luis and Mendoza, this book also addresses patterns of power in the economic and societal realms. The distribution of economic resources among members of a divided elite fosters competitive politics and is therefore one path to the requisite political fragmentation. Where institutional power and economic power converge, a reform coalition of civil society actors can overcome monopolies in the political realm.
Crime and the Administration of Justice in Buenos Aires, 1785-1853
Crime and the Administration of Justice in Buenos Aires, 1785-1853, analyzes the emergence of the criminal justice system in modern Argentina, focusing on the city of Buenos Aires as a case study. It concentrates on the formative period of the postcolonial penal system, from the installation of the second Audiencia (the superior justice tribunal in the viceroyalty of Río de la Plata) in 1785 to the promulgation of the Argentine national constitution in 1853, when a new phase of interregional organization and codification began. Through analysis of criminal cases, Barreneche shows how different interpretations of liberalism, the changing roles of the new police and the military, and the institutionalization of education all contributed to the debate on penal reform during Argentina's transition from colony to state. Only through understanding the historical development of legal and criminal procedures can contemporary social scientists come to grips with the struggle between democracy and authoritarianism in modern Argentina.
International Law Reports
Volume 116 reports the 1997 "Danube dam" case concerning the Gabcikovo-Nagymaros Project (Hungary/Slovakia). Also included is the hitherto unreported decision of the English High Court on act of State and the effect of Security Council resolutions in the latest phase of Kuwait Airways Corp. v. Iraqi Airways Co. Several important decisions of the Inter-American Court of Human Rights on State responsibility for human rights actions are reported. Finally, there is a group of newly translated cases on State immunity and international organization immunity from Austria, France, Portugal and Switzerland.
The Informal Regulation of Criminal Markets in Latin America
This book shows how police and politicians in Latin America informally regulate drug markets using corruption and violence.
Challenges of Contemporary Policing
This edited collection reflects contemporary challenges faced by police forces across the globe and the role of technology in addressing them. The use of science and technology raises questions about ethics, training, the well-being of people, and freedom. New technologies promise to foster police practices based on intelligence, accuracy, and preparedness, and are considered necessary to overcome challenges such as declining budgets, lack of personnel, and legitimacy. However, technologies can also be used for authoritarian and nefarious purposes. For those reasons, this book aims to discuss related topics from various contexts to establish connections among common problems in the field of policing across the globe. This book provides an internationally relevant assessment of the use of technology in the field of policing, as well as the impact on training and police well-being. It is ideal for an academic audience at both graduate and undergraduate levels in the fields of criminal justice studies, police studies, legal sociology, and public policy, and will be of interest to police practitioners, legal professionals, social service workers, and public-sector managers.
Political Trials in History
Prepared in dictionary format, this volume reexamines the uses of political trials. Through the conduct and context of key trials throughout history, the reader is made to understand an aspect of public life too easily misconstrued, although never neglected: the political side of litigation. Most of the trials in this volume were significant enough to continue to shape our interpretation of the law long after the court made its judgment and all appeals were completed. The dialogue they initiated may last for decades, even for centuries. Such trials provide us with an insight into the vital aspects of our public life, the civilizing capacity of politics.
Inter-American Yearbook on Human Rights / Anuario Interamericano de Derechos Humanos, Volume 4 (1988)
This edition of the Inter-American Yearbook on Human Rights, like the volumes that precede it, includes information concerning the activities of the Organization of American States in the promotion and protection of human rights. It begins with the composition of the Commission and Court, including the biographies of the members, 1988 activities of each body, reproductions of resolutions and reports by the Commission and historic correspondences and decisions by the Court. Also included is an update on the status of the American Convention on Human Rights, which reports the relation of each country to that instrument, followed by resolutions adopted in 1988 by the OAS General Assembly. The y...
