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In recent times there has been a dramatic change in the nature and scope of constitutional justice systems in the global south. New or reformed constitutions have proliferated, protecting social, economic, and political rights. While constitutional courts in Latin America have traditionally been used as ways to limit power and preserve the status quo, the evidence shows that they are evolving into a functioning part of contemporary politics and a central component of a system of constitutional justice. This book lays bare the political roots of this transformation, outlining a new way to understand judicial design and the very purpose of constitutional justice. Authors Daniel M. Brinks and Abby Blass use case studies drawn from nineteen Latin American countries over forty years to reveal the ideas behind the new systems of constitutional justice. They show how constitutional designers entrust their hopes and fears to dynamic governance systems, in hopes of directing the development of constitutional meaning over time.
Analyzes the political roots of the systems of constitutional justice in Latin America, tracing their development over the last 40 years.
While it is true that poverty, political instability, and economic under-performance continue to be major problems in Latin America, the region has made substantial progress in raising standards of living and overcoming military authoritarianism. Latin American Politics reflects just how much the region has changed in the last two decades. Eduardo Alemán draws on contemporary research in comparative studies on institutions, elections, and public opinion to highlight the big questions that political scientists seek to answer today: What are the causes of political instability? What factors have influenced changes in economic and gender inequality? What are the implications of different political institutions for political outcomes?
Comparative scholarship on judicial review has paid a lot of attention to the causal impact of politics on judicial decision-making. However, the slower-moving, macro-social process through which judicial review influences societal conceptions of the law/politics relation is less well understood. Drawing on the political science literature on institutional change, The Politico-Legal Dynamics of Judicial Review tests a typological theory of the evolution of judicial review regimes - complexes of legitimating ideas about the law/politics relation. The theory posits that such regimes tend to conform to one of four main types - democratic or authoritarian legalism, or democratic or authoritarian instrumentalism. Through case studies of Australia, India, and Zimbabwe, and a comparative chapter analyzing ten additional societies, the book then explores how actually-existing judicial review regimes transition between these types. This process of ideational development, Roux concludes, is distinct both from the everyday business of constitutional politics and from changes to the formal constitution.
Constitutional law in Latin America embodies a mosaic of national histories, political experiments, and institutional transitions. No matter how distinctive these histories and transitions might be, there are still commonalities that transcend the mere geographical contiguity of these countries. This Handbook depicts the constitutional landscape of Latin America by shedding light on its most important differences and affinities, qualities and drawbacks, and by assessing its overall standing in the global enterprise of democratic constitutionalism. It engages with substantive and methodological conundrums of comparative constitutional law in the region, drawing meaningful comparisons between constitutional traditions. The volume is divided into two main parts. Part I focuses on exploring the constitutions for seventeen jurisdictions, offering a comprehensive country-by-country critique of the historical foundations, institutional architecture, and rights-based substantive identity of each constitution. Part II presents comparative analyses on the most controversial constitutional topics of the region, exploring central concepts in institutions and rights. The Oxford Handbook of Constitutional Law in Latin America is an essential resource for scholars and students of comparative constitutional law, and Latin American politics and history Written by leading experts, it comprehensively examines constitutions, controversies, institutions, and constitutional rights in Latin America.
Two leading authors on medical ethics, science policy, and civil liberties take a hard look at how the United States has balanced the use of DNA technology, particularly the use of DNA databanks in criminal justice, with the privacy rights of its citizenry. The authors explore many controversial topics, including the legal precedent for taking DNA from juveniles, the search for possible family members of suspects in DNA databases, the launch of "DNA dragnets" among local populations, and the warrantless acquisition by police of so-called abandoned DNA in the search for suspects. Most intriguing, they explode the myth that DNA profiling is infallible, which has profound implications for criminal justice.
Analysts and policymakers often decry the failure of institutions to accomplish their stated purpose. Bringing together leading scholars of Latin American politics, this volume helps us understand why. The volume offers a conceptual and theoretical framework for studying weak institutions. It introduces different dimensions of institutional weakness and explores the origins and consequences of that weakness. Drawing on recent research on constitutional and electoral reform, executive-legislative relations, property rights, environmental and labor regulation, indigenous rights, squatters and street vendors, and anti-domestic violence laws in Latin America, the volume's chapters show us that politicians often design institutions that they cannot or do not want to enforce or comply with. Challenging existing theories of institutional design, the volume helps us understand the logic that drives the creation of weak institutions, as well as the conditions under which they may be transformed into institutions that matter.
The third edition of Democratic Latin America retains its classic institutional approach to understand contemporary Latin American politics. Each chapter focuses on a different institution and compares how they are constructed differently across countries. Placing a premium on accessibility, the chapters open with a story and end with a detailed country case study, making use of contemporary examples to feed student interest in current events, with comparison-based tables and box features interspersed throughout to stimulate analysis. Every chapter finishes with a set of questions and recommended readings. This approach allows for a very practical approach to politics that encourages critical analysis. Updates to this new edition include: updated comparison-based tables and box features to stimulate analysis; new "Country in the Spotlight" to include developments unique to each country; and discussions on political change in Cuba, indigenous peoples and political power, neopopulism, impeachment procedures, transitional justice, the 2019 protests, the new militarism, the mobilization of women against violence, LGBT rights, the evangelical movement, and the Colombian peace process. A clear-eyed look at political institutions to provide a roadmap to the political activity in a country, Democratic Latin America continues to offer an original way of teaching and learning about Latin American politics.
This volume makes a timely intervention into a field which is marked by a shift from unipolar to multipolar order and a pluralization of constitutional law. It addresses the theoretical and epistemic foundations of Southern constitutionalism and discusses its distinctive themes, such as transformative constitutionalism, inequality, access to justice, and authoritarian legality. This title has three goals. First, to pluralize the conversation around constitutional law. While most scholarship focuses on liberal forms of Western constitutions, this book attempts to take comparative law's promise to cover all major legal systems of the world seriously; second, to reflect critically on the epistemic framework and the distribution of epistemic powers in the scholarly community of comparative constitutional law; third, to reflect on - and where necessary, test - the notion of the Global South in comparative constitutional law. This book breaks down the theories, themes, and global picture of comparative constitutionalism in the Global South. What emerges is a rich tapestry of constitutional experiences that pluralizes comparative constitutional law as both a discipline and a field of knowledge.
An engaging introduction to Latin America with a fresh, thematic approach to key political and social issues. This accessible undergraduate textbook examines the entirety of the region, addressing complex issues in a clear and direct manner. Grounded in cutting-edge research and data, concepts are illustrated through tables, maps, and timelines.