Legal Culture, Sociopolitical Origins and Professional Careers of Judges in Mexico
Legal Culture, Sociopolitical Origins and Professional Careers of Judges in Mexico

Author: Azul A. Aguiar Aguilar

Publisher: Springer Nature

Published: 2024

Total Pages: 182

ISBN-13: 303152909X

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Zusammenfassung: Her research makes an important methodological contribution to exploring legal culture and to comparative, ideational studies of judicial behavior. --Rachel Sieder, CIESAS, Mexico City. This rich sociolegal analysis is a welcome addition to the judicial and legal scholarship in Mexico and beyond. --Julio Ríos Figueroa, ITAM. This book explores the careers, professional trajectories and legal cultures of judges in the federal judiciary in Mexico. So far, there has been limited research on internal factors contributing to the understanding of judicial power dynamics in Mexico and other Latin American countries at large; this Work fills an important gap in the literature through its empirical investigation of internal legal cultures and judicial norms, offering new data, measurement strategies,and insights into the interactions between law, politics, norms, legal culture(s), as well as judicial behavior. Utilising an original survey, the chapters analyse judicial conceptualizations of role norms, legal cultures, proclivities for judicial activism, and judicial behavior. In so doing, this book contributes to understanding of underlying key internal factors of judicial activism or restraint, in turn moving forward the debate that seeks to explain judicial behavior reliant on internal and ideational perspectives. Complementing limited but existing studies of judicial politics in Mexico through its analysis of judges beyond those that sit at the Supreme Court, this book will be of particular interest to Latin-American judicial politics scholars due to its focus on the judicial power from internal perspectives as well as sub-national judges, filling a void in the literature vis-à-vis the study of courts in Latin America. This Work was originally written in Spanish, and the translation was done with the help of artificial intelligence. A subsequent human revision was done primarily in terms of content. Azul A. Aguiar Aguilar is Professor of political science in the Department of Sociopolitical and Legal Studies at ITESO, the Jesuit University of Guadalajara, Mexico. She holds a PhD in Political Science from the University of Florence, Italy. She teaches courses of political science, judicial politics and theories of democracy in undergraduate and graduate programs at ITESO and the University of Guadalajara. Her research interests include comparative judicial politics and democratization processes. Professor Aguiar has edited books and published several articles in peer review journals about democracy, courts, and justice-sector institutions. She has been distinguished as a member of the National Researchers System in Mexico

Perils of Judicial Self-Government in Transitional Societies
Perils of Judicial Self-Government in Transitional Societies

Author: David Kosař

Publisher: Cambridge University Press

Published: 2016-04

Total Pages: 487

ISBN-13: 1107112125

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This book investigates the mechanisms of judicial control to determine an efficient methodology for independence and accountability. Using over 800 case studies from the Czech and Slovak disciplinary courts, the author creates a theoretical framework that can be applied to future case studies and decrease the frequency of accountability perversions.

The Judicialization of Politics in Latin America
The Judicialization of Politics in Latin America

Author: Rachel Sieder

Publisher: Springer

Published: 2016-04-30

Total Pages: 314

ISBN-13: 1137108878

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During the last two decades the judiciary has come to play an increasingly important political role in Latin America. Constitutional courts and supreme courts are more active in counterbalancing executive and legislative power than ever before. At the same time, the lack of effective citizenship rights has prompted ordinary people to press their claims and secure their rights through the courts. This collection of essays analyzes the diverse manifestations of the judicialization of politics in contemporary Latin America, assessing their positive and negative consequences for state-society relations, the rule of law, and democratic governance in the region. With individual chapters exploring Argentina, Brazil, Chile, Colombia, Costa Rica, Mexico, Peru and Venezuela, it advances a comparative framework for thinking about the nature of the judicialization of politics within contemporary Latin American democracies.

A History of the Supreme Court
A History of the Supreme Court

Author: the late Bernard Schwartz

Publisher: Oxford University Press

Published: 1995-02-23

Total Pages: 477

ISBN-13: 0199840555

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When the first Supreme Court convened in 1790, it was so ill-esteemed that its justices frequently resigned in favor of other pursuits. John Rutledge stepped down as Associate Justice to become a state judge in South Carolina; John Jay resigned as Chief Justice to run for Governor of New York; and Alexander Hamilton declined to replace Jay, pursuing a private law practice instead. As Bernard Schwartz shows in this landmark history, the Supreme Court has indeed travelled a long and interesting journey to its current preeminent place in American life. In A History of the Supreme Court, Schwartz provides the finest, most comprehensive one-volume narrative ever published of our highest court. With impeccable scholarship and a clear, engaging style, he tells the story of the justices and their jurisprudence--and the influence the Court has had on American politics and society. With a keen ability to explain complex legal issues for the nonspecialist, he takes us through both the great and the undistinguished Courts of our nation's history. He provides insight into our foremost justices, such as John Marshall (who established judicial review in Marbury v. Madison, an outstanding display of political calculation as well as fine jurisprudence), Roger Taney (whose legacy has been overshadowed by Dred Scott v. Sanford), Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, and others. He draws on evidence such as personal letters and interviews to show how the court has worked, weaving narrative details into deft discussions of the developments in constitutional law. Schwartz also examines the operations of the court: until 1935, it met in a small room under the Senate--so cramped that the judges had to put on their robes in full view of the spectators. But when the new building was finally opened, one justice called it "almost bombastically pretentious," and another asked, "What are we supposed to do, ride in on nine elephants?" He includes fascinating asides, on the debate in the first Court, for instance, over the use of English-style wigs and gowns (the decision: gowns, no wigs); and on the day Oliver Wendell Holmes announced his resignation--the same day that Earl Warren, as a California District Attorney, argued his first case before the Court. The author brings the story right up to the present day, offering balanced analyses of the pivotal Warren Court and the Rehnquist Court through 1992 (including, of course, the arrival of Clarence Thomas). In addition, he includes four special chapters on watershed cases: Dred Scott v. Sanford, Lochner v. New York, Brown v. Board of Education, and Roe v. Wade. Schwartz not only analyzes the impact of each of these epoch-making cases, he takes us behind the scenes, drawing on all available evidence to show how the justices debated the cases and how they settled on their opinions. Bernard Schwartz is one of the most highly regarded scholars of the Supreme Court, author of dozens of books on the law, and winner of the American Bar Association's Silver Gavel Award. In this remarkable account, he provides the definitive one-volume account of our nation's highest court.

Keeping Faith with the Constitution
Keeping Faith with the Constitution

Author: Goodwin Liu

Publisher: Oxford University Press

Published: 2010-08-05

Total Pages: 274

ISBN-13: 0199752834

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Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.

Reforming the Administration of Justice in Mexico
Reforming the Administration of Justice in Mexico

Author: Wayne A. Cornelius

Publisher:

Published: 2007

Total Pages: 540

ISBN-13:

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This is an examination of the challenges Mexico faces in reforming the administration of its justice system - a critical undertaking for the consolidation of democracy, the well-being of Mexican citizens, and US-Mexican relations.

Many Roads to Justice
Many Roads to Justice

Author: Mary E. McClymont

Publisher:

Published: 2000

Total Pages: 384

ISBN-13:

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This book attempts to convey some of the challenges that those wielding the law for social change purposes have faced and the successes they have achieved. By intention, it is more a studied appreciation than a critical analysis of their efforts. We asked an international team of consultants to help us document and describe how various law-based strategies have worked in very different settings, to draw out connections between those efforts, and to highlight some of the insights that emerge from grantees' experiences in law-related work. We also asked them to help us learn more about the ways the Foundation has played a role in these efforts. Known as the Global Law Programs Learning Initiative (GLPLI), this effort is not definitive, but rather suggestive. Our goal is to contribute to more serious future reflection and, ultimately, more effective programs in this field.

Democratic Accountability in Latin America
Democratic Accountability in Latin America

Author: Scott Mainwaring

Publisher: OUP Oxford

Published: 2003-07-31

Total Pages: 360

ISBN-13: 0191531340

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This volume on democratic accountability addresses one of the burning issues on the agenda of policy makers and citizens in contemporary Latin America: how democratic leaders in Latin America can improve accountability while simultaneously promoting governmental effectiveness. Written by well-known scholars form both Latin America and the United States, the volume enhances understanding of these key themes, which are central to the future of democracy in Latin America. - ;This volume on democratic accountability addresses one of the burning issues on the agenda of policy makers and citizens in contemporary Latin America. In much of Latin America, disenchantment and cynicism have set in regarding the quality of elected governments raising the prospect of a new round of democratic erosion and breakdowns. One of the important emerging challenges for improving the quality of democracy resolves around how to build more effective mechanisms of accountability. A widespread perception prevails in much of the region that government officials are not sufficiently subject to routinized controls by oversight agencies. Corruption, lack of oversight, impunity of state actors, and improper use of public resources are major problems in most countries of the region. Dealing with these issues is paramount to restoring and deepening democratic legitimacy. The fundamental question in this volume is how democratic leaders in Latin America can improve accountability while simultaneously promoting governmental effectiveness. These issues have acquired urgency in contemporary Latin America because of heightened public concern about corruption and improper governmental actions on the one hand, yet on the other, uncertainty about the potential tradeoff between tightened accountability of officials and effective policy results. The volume enhances understanding of three key issues. First, it enriches understanding of the state of non-electoral forms of democratic accountability in contemporary Latin America. What are some of the major shortcoming in democratic accountability? How can they be addressed? What are some major innovations in the efforts to enhance democratic accountability? A second contribution of the volume is conceptual. Accountability is a key concept in the social sciences, yt its meaning varies widely form one author to the next. The authors in this volume, especially in the first four chapters, explicitly debate how bet to define and delimit the concept. Finally the volume also furthers understanding of the interactions between various mechanism and institutions of accountability. Many of the authors address how electoral accountability (the accountability of elected officials to the voters) interact with the forms of accountability in which state agencies oversee and sanction public officials. The volume provides extensive treatment of this important but hitherto under-explored interaction. -