The Latin American Casebook
The Latin American Casebook

Author: Juan F. Gonzalez-Bertomeu

Publisher: Routledge

Published: 2016-04-20

Total Pages: 297

ISBN-13: 1317026209

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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.

New Constitutionalism in Latin America
New Constitutionalism in Latin America

Author: Almut Schilling-Vacaflor

Publisher: Routledge

Published: 2016-04-29

Total Pages: 447

ISBN-13: 131708862X

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Latin America has a long tradition of constitutional reform. Since the democratic transitions of the 1980s, most countries have amended their constitutions at least once, and some have even undergone constitutional reform several times. The global phenomenon of a new constitutionalism, with enhanced rights provisions, finds expression in the region, but the new constitutions, such as those of Bolivia, Colombia, Ecuador and Venezuela, also have some peculiar characteristics which are discussed in this important book. Authors from a number of different disciplines offer a general overview of constitutional reforms in Latin America since 1990. They explore the historical, philosophical and doctrinal differences between traditional and new constitutionalism in Latin America and examine sources of inspiration. The book also covers sociopolitical settings, which factors and actors are relevant for the reform process, and analyzes the constitutional practices after reform, including the question of whether the recent constitutional reforms created new post-liberal democracies with an enhanced human and social rights record, or whether they primarily serve the ambitions of new political leaders.

The Friendly Liquidation of the Past
The Friendly Liquidation of the Past

Author: Donna Lee Van Cott

Publisher: University of Pittsburgh Pre

Published: 2012-02-15

Total Pages: 361

ISBN-13: 082297214X

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Constitutional reform has been one of the most significant aspects of democratization in late twentieth century Latin America. In The Friendly Liquidation of the Past—one of the first texts to examine this issue comprehensively —Van Cott focuses on the efforts of Bolivia and Colombia to incorporate ethnic rights into their fragile democracies. In the1990s, political leaders and social movements in Bolivia and Colombia expressed dissatisfaction with the quality of democracy--its exclusionary nature, the distance and illegitimacy of the state, and the empty promise of citizenship. The highly symbolic act of constitution making elevated a public struggle for rights to the level of a discussion on the meaning of democracy and the nature of the state. Based on interviews with more than 100 participants in the reforms, Van Cott demonstrates how issues promoted by social movements—recognizing ethnic diversity, expanding political participation and improving representation, and creating spheres of cultural and territorial autonomy—were placed on the constitutional reform agenda and transformed through strategic interaction with political power-brokers into the nation’s highest law. The analysis follows each reform through five years of implementation to assess the early results of what Van Cott suggests is an emerging regional model of multicultural constitutionalism. The Friendly Liquidation of the Past fills an important gap in the study of ethnic politics and constitutional reform in the Andes, linking the literature on institutions and political reform to work in political theory on participatory democracy and multiculturalism.

Indigenous Movements, Self-Representation, and the State in Latin America
Indigenous Movements, Self-Representation, and the State in Latin America

Author: Kay B. Warren

Publisher: University of Texas Press

Published: 2010-07-22

Total Pages: 305

ISBN-13: 0292786743

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Throughout Latin America, indigenous peoples are responding to state violence and pro-democracy social movements by asserting their rights to a greater measure of cultural autonomy and self-determination. This volume's rich case studies of movements in Colombia, Guatemala, and Brazil weigh the degree of success achieved by indigenous leaders in influencing national agendas when governments display highly ambivalent attitudes about strengthening ethnic diversity. The contributors to this volume are leading anthropologists and indigenous activists from the United States and Latin America. They address the double binds of indigenous organizing and "working within the system" as well as the flexibility of political tactics used to achieve cultural goals outside the scope of state politics. The contributors answer questions about who speaks for indigenous communities, how indigenous movements relate to the popular left, and how conflicts between the national indigenous leadership and local communities play out in specific cultural and political contexts. The volume sheds new light on the realities of asymmetrical power relations and on the ways in which indigenous communities and their representatives employ Western constructions of subjectivity, alterity, and authentic versus counterfeit identity, as well as how they manipulate bureaucratic structures, international organizations, and the mass media to advance goals that involve distinctive visions of an indigenous future.

National Colors
National Colors

Author: Mara Loveman

Publisher: Oxford University Press, USA

Published: 2014

Total Pages: 398

ISBN-13: 0199337365

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National Colors analyzes the politics and practices of official ethnoracial classification in the censuses of nineteen Latin American countries over nearly two centuries. It shows that, in addition to domestic politics, the ways that states classify their citizens are strongly influenced by shifting international criteria for how to construct modern nations and promote national development.

The UN Declaration on the Rights of Indigenous Peoples
The UN Declaration on the Rights of Indigenous Peoples

Author: Jessie Hohmann

Publisher: Oxford University Press

Published: 2018-03-23

Total Pages: 731

ISBN-13: 0191653993

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The rights of indigenous peoples under international law have seen significant change in recent years, as various international bodies have attempted to address the question of how best to protect and enforce their rights. The United Nations Declaration on the Rights of Indigenous Peoples is the strongest statement thus far by the international community on this issue. The Declaration was adopted by the United Nations on 13 September 2007, and sets out the individual and collective rights of indigenous peoples, as well as their rights to culture, identity, language, employment, health, education, and other issues. While it is not a legally binding instrument under international law, it represents the development of international legal norms designed to eliminate human rights violations against indigenous peoples, and to help them in combating discrimination and marginalisation. This comprehensive commentary on the Declaration analyses in detail both the substantive content of the Declaration and the position of the Declaration within existing international law. It considers the background to the text of every Article of the Declaration, including the travaux préparatoire, the relevant drafting history, and the context in which the provision came to be included in the Declaration. It sets out each provision's content, interpretation, its relationship with other principles of international law, and its legal status. It also discusses the significance and outlook for each of the rights analysed. The book assesses the practice of relevant regional and international bodies in enforcing the rights of indigenous peoples, providing an understanding of the practical application of the Declaration's principles. It is an indispensible resource for scholars, students, international organisations, and NGOs working on the rights of indigenous peoples

The Spaces of Neoliberalism
The Spaces of Neoliberalism

Author: Jacquelyn Chase

Publisher: Kumarian Press

Published: 2002

Total Pages: 263

ISBN-13: 1565491440

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Annotation Explores how markets and market ideology affect the lives of Latin American people through their communities, culture, resource base, local labor markets, and households. Among the topics of the eight papers are tensions between women's and indigenous groups over land rights, gender and reproduction in a Brazilian company town, and the restructuring of labor markets and household economies in urban Mexico. Annotation c. Book News, Inc., Portland, OR (booknews.com).