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The Powers of Law
García-Villegas compares the scholarship on the relationship between law, political power, and society in the United States and France.
Legal Culture in the Age of Globalization
This volume of essays examines how the legal systems of the chief countries of Latin America and Mediterranean Europe—Argentina, Brazil, Chile, Colombia, Mexico, Puerto Rico, Venezuela, France, Italy, and Spain—changed in the last quarter of the 20th century. Through essays that provide a wealth of data on the courts and the legal profession in these countries, the book attempts to relate changes in the operation of the legal systems to changes in the political and social history of the societies in which they are embedded. The details vary, in accordance with the particular history and structure of the countries, but there are also key commonalities that run through all of the stories: democratization, globalization, and changes in the legal order that seem to be worldwide; more power to courts; a growing legal profession; and the entry of women into what was once a masculine club.
Democratization and the Judiciary
Introduction : the accountability function of courts in new democracies / Siri Gloppen, Roberto Gargarella, and Elin Skaar Judicial review in developed democracies / Martin Shapiro How some reflections on the United States' experience may inform African efforts to build court systems and the rule of law / Jennifer Widner The constitutional court and control of presidential extraordinary powers in Colombia / Rodrigo Uprimny The politics of judicial review in Chile in the era of domestic transition, 1990-2002 / Javier A. Couso Legitimating transformation : political resource allocation in the South African constitutional court / Theunis Roux The accountability function of courts in Tanzania and Zambia / Siri Gloppen Renegotiating "law and order" : judicial reform and citizen responses in post-war Guatemala / Rachel Sieder Economic reform and judicial governance in Brazil : balancing independence with accountability / Carlos Santiso In search of a democratic justice what courts should not do : Argentina, 1983-2002 / Roberto Gargarella Lessons learned and the way forward / Irwin P. Stotzky.
Colombia
Recent political changes in Colombia have opened up possibilities to think beyond the long-standing conflict and violence to promote a development agenda, based upon economic growth, social welfare and environmental protection. This publication contains various policy papers which seek to contribute to the national debate on options to address these development challenges. The book is intended to provide the incoming Colombian presidential administration with a comprehensive policy discussion regarding the country's development agenda.
Sociology of Law
None
The Latin American Casebook
Traditionally relegated because of political pressure and public expectations, courts in Latin America are increasingly asserting a stronger role in public and political discussions. This casebook takes account of this phenomenon, by offering a rigorous and up-to-date discussion of constitutional adjudication in Latin America in recent decades. Bringing to the forefront the development of constitutional law by Latin American courts in various subject matters, the volume aims to highlight a host of creative arguments and solutions that judges in the region have offered. The authors review and discuss innovative case law in light of the countries’ social, political and legal context. Each chapter is devoted to a discussion of a particular area of judicial review, from freedom of expression to social and economic rights, from the internalization of human rights law to judicial checks on the economy, from gender and reproductive rights to transitional justice. The book thus provides a very useful tool to scholars, students and litigants alike.
Violent Democracies in Latin America
Despite recent political movements to establish democratic rule in Latin American countries, much of the region still suffers from pervasive violence. From vigilantism, to human rights violations, to police corruption, violence persists. It is perpetrated by state-sanctioned armies, guerillas, gangs, drug traffickers, and local community groups seeking self-protection. The everyday presence of violence contrasts starkly with governmental efforts to extend civil, political, and legal rights to all citizens, and it is invoked as evidence of the failure of Latin American countries to achieve true democracy. The contributors to this collection take the more nuanced view that violence is not a so...
The World Bank Legal Review, Volume 2: Law, Equity and Development
The World Bank Legal Review is a publication for policy makers and their advisers, attorneys, and other professionals engaged in the field of international development. It offers a combination of legal scholarship, lessons from experience, legal developments, and recent research on the many ways in which the application of the law and the improvement of justice systems promote poverty reduction, economic development, and the rule of law. In keeping with the theme of the World Development Report 2006: Equity and Development, and following the success of the World Bank Group’s Legal Forum on “Law, Equity, and Development” in December 2005, volume 2 of The World Bank Legal Review focuses ...
Constitutionalizing Transitional Justice
This book explores the complicated relationship between constitutions and transitional justice. It brings together scholars and practitioners from different countries to analyze the indispensable role of constitutions and constitutional courts in the process of overcoming political injustice of the past. Issues raised in the book include the role of a new constitution for the successful practice of transitional justice after democratization, revolution or civil war, and the difficulties faced by the court while dealing with mass human rights infringements with limited legal tools. The work also examines whether constitutionalizing transitional justice is a better strategy for new democracies...
Regional Ecological Challenges for Peace in Africa, the Middle East, Latin America and Asia Pacific
This book presents peer-reviewed texts from the International Peace Research Association’s Ecology and Peace Commission: M.I. Abazie-Humphrey (Nigeria) reviews “Nigeria’s Home-Grown DDR Programme”; C. Christian and H. Speight (USA) analyse “Water, Cooperation, and Peace in the Palestinian West Bank”; T. Galaviz (Mexico) discusses “The Peace Process Mediation Network between the Colombian Government and the April 19th Movement”; S.E. Serrano Oswald (Mexico) examines “Social Resilience and Intangible Cultural Heritage: Case Study in Mexico”; A. F. Rashid (Pakistan) and F. Feng (China) focus on “Community Perceptions of Ecological Disturbances Caused During Terrorists Invasion and Counter-insurgency Operations in Swat, Pakistan”; M. Yoshii (Japan) examines “Structure of Discrimination in Japan’s Nuclear Export” and finally, S. Takemine (Japan) discusses “‘Global Hibakusha’ and the Invisible Victims of US Nuclear Testing in the Marshall Islands”.
