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Democratization and the Judiciary
  • Language: en
  • Pages: 228

Democratization and the Judiciary

  • Categories: Law

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.

Courts and Social Transformation in New Democracies
  • Language: en
  • Pages: 323

Courts and Social Transformation in New Democracies

  • Categories: Law
  • Type: Book
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  • Published: 2017-03-02
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  • Publisher: Routledge

Using case studies drawn from Latin America, Africa, India and Eastern Europe, this volume examines the role of courts as a channel for social transformation for excluded sectors of society in contemporary democracies. With a focus on social rights litigation in post-authoritarian regimes or in the context of fragile state control, the authors assess the role of judicial processes in altering (or perpetuating) social and economic inequalities and power relations in society. Drawing on interdisciplinary expertise in the fields of law, political theory, and political science, the chapters address theoretical debates and present empirical case studies to examine recent trends in social rights litigation.

Litigating Health Rights
  • Language: en

Litigating Health Rights

  • Categories: Law

This book examines the potential of litigation as a strategy to advance the right to health by holding governments accountable for these obligations. It asks who benefits both directly and indirectly—and what the overall impacts on health equity are. Included are case studies from Costa Rica, South Africa, India, Brazil, Argentina and Colombia.

Queer lawfare in Africa: Legal strategies in contexts of LGBTIQ+ criminalisation and politicisation
  • Language: en
  • Pages: 464

Queer lawfare in Africa: Legal strategies in contexts of LGBTIQ+ criminalisation and politicisation

  • Categories: Law

About the publication This book focuses on the strategies that activists for LGBTIQ+ equality in Africa deploy to challenge deep seated homophobia and transphobia, as well as the politicisation of LGBTIQ+ issues. It is a peer-reviewed, edited volume with scholarly contributions from lawyers, anthropologists, and LGBTIQ+ activists. It covers different country situations – those where equality is taking root, as the case is in South Africa, Botswana and Mozambique; those where homophobia reigns and LGBTIQ+ rights are politicised such as, Ghana, Kenya, Malawi, Nigeria, Senegal, Uganda, and Zambia; and those where traditional LGBTIQ+ activism is almost a nonstarter, such as in Ethiopia, Sudan ...

Local Maladies, Global Remedies
  • Language: en
  • Pages: 232

Local Maladies, Global Remedies

  • Categories: Law

This forward-looking book provides an in-depth analysis of the major transformations of the right to health in Latin America over the past decades, marked by the turn towards the pharmaceuticalisation of health care. Everaldo Lamprea-Montealegre investigates how health-based litigation has deepened inequalities in the global South, exploring the practices of key actors that are reclaiming the right to health in the region.

The Latin American Casebook
  • Language: en
  • Pages: 270

The Latin American Casebook

  • Categories: Law
  • Type: Book
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  • Published: 2016-04-20
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  • Publisher: Routledge

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.

Juridification and Social Citizenship in the Welfare State
  • Language: en
  • Pages: 329

Juridification and Social Citizenship in the Welfare State

  • Categories: Law

øThe concept of juridification refers to a diverse set of processes involving shifts towards more detailed legal regulation, regulations of new areas, and conflicts and problems increasingly being framed in legal and rights-oriented terms. This timely

Courts and Power in Latin America and Africa
  • Language: en
  • Pages: 231

Courts and Power in Latin America and Africa

  • Type: Book
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  • Published: 2016-04-30
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  • Publisher: Springer

Why do courts hold political power-holders accountable in some democratic and democratizing countries, but not in others? And, why do some courts remain very timid while others - under seemingly similar circumstances - become 'hyper-active'? This is valuable contribution to the ongoing debate over the issue of democratic accountability.

Responding to Modern Genocide
  • Language: en
  • Pages: 256

Responding to Modern Genocide

  • Categories: Law
  • Type: Book
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  • Published: 2015-07-30
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  • Publisher: Routledge

Developments in the understanding and treatment of genocide through the twentieth century have involved a combination of politics, public opinion, social trends, and economic development, and led to the substantive law of genocide and the assumption of international jurisdiction. This book analyzes incidences of genocide and mass atrocities, focusing on the political factors involved in modern counter-genocide efforts. Drawing on incidences of genocide and mass atrocity such as the Holocaust, the Rwandan genocide, and the Armenian genocide, Mark Kielsgard adopts a conceptual model that reveals the political factors which impact the international law of genocide, such as barriers and catalysts to transitional justice and the politics of genocide denial. As a work which provides a focused picture of those influences and their significance to genocide studies, this book will be of great use and interest to students and researchers in international criminal law, conflict studies, and conflict resolution.

South Africa
  • Language: en
  • Pages: 306

South Africa

  • Categories: Law
  • Type: Book
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  • Published: 2019-05-23
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  • Publisher: Routledge

Originally published in 1997, South Africa: The Battle over the Constitution analyses rivaling positions in the South African constitutional debate from the early 1990s, via the 1993 interim constitution to the adoption and certification of the new, 'Final' Constitution in December 1996. A theoretical framework is developed to analyze the constitutional structure of the contesting constitutional models and the book looks into their potential for addressing the problems of violence, social inequality and ethnic tension and for achieving legitimacy and constitutionalism. It argues that the constitutional 'solutions' are premised on incomparable conceptions of South African reality, and that the Final Constitution includes elements based on incompatible world-views. The compromises required by the 'constitutional moment' could pose problems for the ’constitutional function’. The book also discusses other factors influencing the consolidation of a constitutional democracy in South Africa, such as the role of the Constitutional Court and the attempts to create legitimacy for the constitution by broad public participation in the constitution-making process.