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Comparative views of administrative justice in Latin America and ways it can promote or hinder administration and deployment of public policy. First three essays offer theoretic considerations on how to study and compare administrative justice; second three offer case studies of Argentina, Latin America as a whole, and Colombia; and last group examines specific problems in administrative justice (political influence, efficiency, competition, and legal specialization and deference).
Delegación participante; presentación del coordinador general del coloquio; nota del consejo superior de judicatura; discurso de instalación; intervención de instalación; origen y evolución de jurisdicción administrativa en Francia; origen y evolución de jurisdicción administrativa en Colombia; control jurisdiccional de administración en país de área andina; relación del juez administrativo y juez constitucional; principal doctrina del consejo de estado colombiano; control constitucional en país del cono sur; juez administrativo y autonomía local; control constitucional; juez administrativo y autonomía local; acción de cumplimiento; poder discrecional; jurisdicción administrativa derecho comparado; efectividad de decisión de justicia administrativa; administrado frente a control contencioso administrativo; intervención de clausura
In a consolidated democracy, amnesties and pardons do not sit well with equality and a separation of powers; however, these measures have proved useful in extreme circumstances, such as transitions from dictatorships to democracies, as has occurred in Greece, Portugal and Spain. Focusing on Spain, this book analyses the country's transition, from the antecedents from 1936 up to the present, within a comparative European context. The amnesties granted in Greece, Portugal and Spain saw the release of political prisoners, but in Spain amnesty was also granted to those responsible for the grave violations of human rights which had been committed for 40 years. The first two decades of the democracy saw copious normative measures that sought to equate the rights of all those who had benefitted from the amnesty and who had suffered or had been damaged by the civil war. But, beyond the material benefits that accompanied it, this amnesty led to a sort of wilful amnesia which forbade questioning the legacy of Francoism. In this respect, Spain offers a useful lesson insofar as support for a blanket amnesty – rather than the use of other solutions within a transitional justice framework, such as purges, mechanisms to bring the dictatorship to trial for crimes against humanity, or truth commissions – can be traced to a relative weakness of democracy, and a society characterised by the fear of a return to political violence. This lesson, moreover, is framed here against the background of the evolution of amnesties throughout the twentieth century, and in the context of international law. Crucially, then, this analysis of what is now a global reference point for comparative studies of amnesties, provides new insights into the complex relationship between democracy and the varying mechanisms of transitional justice.
The long-lasting hegemonic rule of President Hugo Chávez not only involved significant rearrangements in the control of political power in Venezuela but also shifts in the way its citizens constructed, connected and interacted with politics. In this book, Elena Block explores the political communication style developed by Chávez to transmit his ideologies and engage with his publics — A style that unfolded incrementally between 1998, the year of his first presidential campaign, and March 13th 2013 when his death was announced after a long struggle with cancer. What sort of political communication did Hugo Chávez develop to establish hegemony in Venezuela? What made him so popular? Block argues that Chávez’s political communication style can be better understood through the concept of mimetisation, a systematic sequence of communicational events and practices whereby the Venezuelan President managed to build a bond with his constituents. Applying a mixed qualitative method of collection and analysis of relevant data, this phenomenon is examined via the President’s emotional use of common cultural symbols; dramatized and informalised language; savvy use of communication and media, and boost of inclusive, compensatory, and participatory practices in which his constituents not only felt mimetically mirrored, but also endowed with an identity. Shedding new light on contemporary theories of populism from the perspective of political communication and identity construction, the notion of mimetisation can be adjusted and applied to study the links of populist phenomena, the mediatisation of politics and government, cultural appeal and identity politics in other cultures and situations in contemporary times.
The German Ministry of Defense decided in 2000 to commission a study comparing various European systems of military law. The present book contains not only the original study but also all national reports in English. It provides a comparative analysis of different European military law systems on the basis of national reports.
Reflecting a global trend, scores of countries have affirmed that their citizens are entitled to healthy air, water, and land and that their constitution should guarantee certain environmental rights. This book examines the increasing recognition that the environment is a proper subject for protection in constitutional texts and for vindication by constitutional courts. This phenomenon, which the authors call environmental constitutionalism, represents the confluence of constitutional law, international law, human rights, and environmental law. National apex and constitutional courts are exhibiting a growing interest in environmental rights, and as courts become more aware of what their peers are doing, this momentum is likely to increase. This book explains why such provisions came into being, how they are expressed, and the extent to which they have been, and might be, enforced judicially. It is a singular resource for evaluating the content of and hope for constitutional environmental rights.
Papers presented at an October 1992 conference form the basis of the chapters in this book, although some were commissioned after the conference. Topics include the decline of Venezuelan exceptionalism, political parties and the Democratic crisis, popular opinion, civil- military relations, the Venezuelan private sector, social policy, and constitutional reform. Annotation copyright by Book News, Inc., Portland, OR
Vacant urban land--the product of land market activity, the actions of private agents, and the policies of public agents--is an important challenge for policy makers. Vacant lots on the urban fringe and in central and interstitial areas have affected growth patterns in Latin America. Contributors to this book analyze the problems and opportunities related to vacant urban land in five cities: Buenos Aires, Argentina; Rio de Janeiro, Brazil; Quito, Ecuador; Lima, Perú; and San Salvador, El Salvador.