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We, the Mediated People
Introduction -- The lawless unity of the people : the legalists and radicals' consensus -- Extraordinary adaptation : an illegal and plural people -- The enemies clash : lawless constitution-making in Venezuela and Ecuador -- The lover's quarrel : partially inclusive extraordinary adaptation in Colombia. The enemies' truce : inclusive extraordinary adaptation in Bolivia -- Conclusion.
Left Behind
The political and economic history of Latin America has been marked by great hopes and even greater disappointments. Despite abundant resources—and a history of productivity and wealth—in recent decades the region has fallen further and further behind developed nations, surpassed even by other developing economies in Southeast Asia and elsewhere. In Left Behind, Sebastian Edwards explains why the nations of Latin America have failed to share in the fruits of globalization and forcefully highlights the dangers of the recent turn to economic populism in the region. He begins by detailing the many ways Latin American governments have stifled economic development over the years through exces...
Fixing Democracy
The study of institutions, a core concept in comparative politics, has produced many rich and influential theories on the economic and political effects of institutions, yet it has been less successful at theorizing their origins. In Fixing Democracy, Javier Corrales develops a theory of institutional origins that concentrates on constitutions and levels of power within them. He reviews numerous Latin American constituent assemblies and constitutional amendments to explore why some democracies expand rather than restrict presidential powers and why this heightened presidentialism discourages democracy. His signal theoretical contribution is his elaboration on power asymmetries. Corrales dete...
Decolonizing Constitutionalism
The modern state, law, and constitution result from a legal canon that (re)produces the abyssal lines dividing the world that is validated from the world whose humanity and epistemological validity are denied. This book aims to contribute to a post-abyssal reflection on law and constitutionalism by considering the structural axes of power that are constitutive of modern law “capitalism, colonialism, and heteropatriarchy” alongside the legal plurality of the world. Is it possible to decolonize, decommodify, and depatriarchalize the constitution? The authors speak from multiple geographies, raise different questions, resort to differentiated theoretical approaches, and reveal varying levels of optimism about the possibilities of transforming constitutions. The readers are confronted with critical perspectives on the Eurocentric legal canon, as well as with the recognition of anti-capitalist, anti-colonial, and anti-patriarchal legal experiences. The horizon of this publication is the expansion of the possibilities of legal and political imagination.
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.
Latin American Social Policy Developments in the Twenty-First Century
This book explores the scope of reforms and changes in the social protection systems in Latin America that have started at the beginning of the 21st century. It describes how and to what extent changes in social protection systems and social policies have occurred in the region in recent decades. Taking a comparative approach, the volume identifies the triggers for the transformations and how such pressures are received by the welfare regime, or a specific policy sector, to finally yield a given type of reform. The analysis is characterized by the presence of certain factors that explain the development of social protection systems in Latin America, such as economic growth, the consolidation of democratic political regimes, and the region’s Left Turns. The book also examines to what extent common challenges and processes induced by international institutions have led to convergence among countries or welfare regimes, or whether each maintains its own identity.
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.
Euro-Mediterranean Relations After September 11
A comprehensive study of the nexus between democratization and security in the Mediterranean, which are seen as essentially complementary yet threatened by political trends witnessed since the September 2001 attacks. Contributors from a variety of European and Mediterranean countries address the impact of a restructured security system, Europe's effort to establish an autonomous security and defence policy, and attempts among the Mediterranean Partner Countries (MPCs) to build regional security regimes.
Indigenous Peoples and the Future of Federalism
As a settler state, Canada’s claims to sovereign control over territory are contested by Indigenous claims to land and to self-determination. Indigenous Peoples and the Future of Federalism presents legal analyses that explore forms of federalism and their potential to include multiple and divided sovereignties. This collection aims to advance reconciliation with Indigenous peoples in Canada and elsewhere by developing jurisprudence on the possibilities for a nation-to-nation relationship between Indigenous nations and Crown sovereignty. Contributors use legal creativity to explore how federalism can be structured to include the constitutional jurisdiction of Indigenous nations. Several ch...
E-Voting Case Law
E-voting is the use of electronic means in the casting of the vote at political elections or referendums. This book provides an overview of e-voting related case-law worldwide and explains how judicial decisions impact e-voting development. With contributions by renowned experts on thirteen countries, the authors discuss e-voting both from controlled environments, such as voting machines in polling stations, and uncontrolled ones, including internet voting. Each chapter examines a group of country-specific leading judicial decisions on e-voting and their likely impact on its future development. Reference is made to emerging standards on e-voting such as the Recommendation Rec(2004)11 of the ...
