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Much of the scholarly and professional literature on development focuses either on the ‘macro’ level of national policies and politics or on the ‘micro’ level of devel- ment projects and household or community socio-economic dynamics. By contrast, this collection pitches itself at the ‘meso’ level with a comparative exploration of the ways in which local institutions – municipalities, local governments, city authorities, civil society networks and others – have demanded, and taken on, a greater role in planning and managing development in the Latin American region. The book’s rich empirical studies reveal that local institutions have engaged upwards, with central authoritie...
Although Mexico’s Constitution of 1917 mandated the division of large landholdings, provided land for the landless, and guaranteed workers the rights to organize, strike, and bargain collectively, it also guaranteed fundamental liberal rights to property and due process that enabled property owners and employers to resist the implementation of the new social rights by filing suit in federal court. Taking as its main focus the way new and old rights were adjudicated before the Supreme Court, this book is the first to examine the subject through the lens of court documents and the writings and commentaries of jurists and other legal professionals. The author asks and answers the question, how did the judicial interpretation of the Constitution of 1917 become a barrier to implementing agrarian land rights and labor legislation in the years immediately following Mexico’s social revolution of 1910?
This book, which originated from the broadly held view that there is a lack of Rule-of-law in Mexico, and from the emphasis of traditional academia on cultural elements as the main explanation, explores the question of whether there is any relationship between the system of constitutional review ― and thus the ‘law’ as such ― and the level of Rule-of-law in a given state. To do so, it elaborates a theoretical model for achieving Rule-of-law and compares it to the constitutional review systems of the United States, the Federal Republic of Germany, and Mexico. The study concludes that the two former states correspond to the model, while the latter does not. This is fundamentally due to the role each legal system assigns to ordinary jurisdiction in carrying out constitutional review. Whereas the US and Germany have fostered the policy that constitutional review regarding the enforcement of basic rights is the responsibility of ordinary courts, Mexico has relied too heavily on the specialized constitutional jurisdiction.
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Written from a global perspective, The Institutions of Human Rights examines international human rights institutions and procedures, as well as weighty issues such as the protection of refugee and labor laws. Closely examining international human rights organizations, including the International Labour Organization, the International Criminal Court, and the European Court of Human Rights, this text places a particular focus on how institutions function, arguing that to truly understand human rights affairs one must also understand the politics and motivations at the core of these institutions. Each chapter includes key learning objectives and take-away messages and concludes with discussion questions to promote critical thinking and engagement.