Rule of Law and Fundamental Rights

Rule of Law and Fundamental Rights

Author: Alfredo Narváez Medécigo

Publisher: Springer

Published: 2015-11-07

Total Pages: 275

ISBN-13: 3319245627

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This book, which originated from the broadly held view that there is a lack of Rule-of-law in Mexico, and from the emphasis of traditional academia on cultural elements as the main explanation, explores the question of whether there is any relationship between the system of constitutional review ― and thus the ‘law’ as such ― and the level of Rule-of-law in a given state. To do so, it elaborates a theoretical model for achieving Rule-of-law and compares it to the constitutional review systems of the United States, the Federal Republic of Germany, and Mexico. The study concludes that the two former states correspond to the model, while the latter does not. This is fundamentally due to the role each legal system assigns to ordinary jurisdiction in carrying out constitutional review. Whereas the US and Germany have fostered the policy that constitutional review regarding the enforcement of basic rights is the responsibility of ordinary courts, Mexico has relied too heavily on the specialized constitutional jurisdiction.


Empire of Law and Indian Justice in Colonial Mexico

Empire of Law and Indian Justice in Colonial Mexico

Author: Brian Philip Owensby

Publisher: Stanford University Press

Published: 2008

Total Pages: 393

ISBN-13: 0804758638

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Brian P. Owensby is Associate Professor in the University of Virginia's Corcoran Department of History. He is the author of Intimate Ironies: Modernity and the Making of Middle-Class Lives in Brazil (Stanford, 1999).


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.


Judicial Power and Strategic Communication in Mexico

Judicial Power and Strategic Communication in Mexico

Author: Jeffrey K. Staton

Publisher: Cambridge University Press

Published: 2010-03-22

Total Pages: 237

ISBN-13: 0521195217

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Although they are not directly accountable to voters, constitutional court judges communicate with the general public through the media. In Judicial Power and Strategic Communication in Mexico, Jeffrey K. Staton argues that constitutional courts develop public relations strategies in order to increase the transparency of judicial behavior and promote judicial legitimacy. Yet, in some political contexts there can be a tension between transparency and legitimacy, and for this reason, courts cannot necessarily advance both conditions simultaneously. The argument is tested via an analysis of the Mexican Supreme Court during Mexico's recent transition to democracy, and also through a cross-national analysis of public perceptions of judicial legitimacy. The results demonstrate that judges can be active participants in the construction of their own power. More broadly, the study develops a positive political theory of institutions, which highlights the connections between democratization and the rule of law.


The Oxford Handbook of Mexican Politics

The Oxford Handbook of Mexican Politics

Author: Roderic Ai Camp

Publisher: Oxford University Press

Published: 2012-02-16

Total Pages: 839

ISBN-13: 0195377389

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A comprehensive view of the remarkable transformation of Mexico's political system to a democratic model. The contributors to this volume assess the most influential institutions, actors, policies and issues in the country's current evolution toward democratic consolidation.


Violence, Coercion, and State-Making in Twentieth-Century Mexico

Violence, Coercion, and State-Making in Twentieth-Century Mexico

Author: Wil G. Pansters

Publisher: Stanford University Press

Published: 2012-05-30

Total Pages: 402

ISBN-13: 0804784477

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Mexico is currently undergoing a crisis of violence and insecurity that poses serious threats to democratic transition and rule of law. This is the first book to put these developments in the context of post-revolutionary state-making in Mexico and to show that violence in Mexico is not the result of state failure, but of state-making. While most accounts of politics and the state in recent decades have emphasized processes of transition, institutional conflict resolution, and neo-liberal reform, this volume lays out the increasingly important role of violence and coercion by a range of state and non-state armed actors. Moreover, by going beyond the immediate concerns of contemporary Mexico, this volume pushes us to rethink longterm processes of state-making and recast influential interpretations of the so-called golden years of PRI rule. Violence, Coercion, and State-Making in Twentieth-Century Mexico demonstrates that received wisdom has long prevented the concerted and systematic study of violence and coercion in state-making, not only during the last decades, but throughout the post-revolutionary period. The Mexican state was built much more on violence and coercion than has been acknowledged—until now.


The Making of Law

The Making of Law

Author: William Suarez-Potts

Publisher: Stanford University Press

Published: 2012-09-26

Total Pages: 361

ISBN-13: 0804783489

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Despite Porfirio Díaz's authoritarian rule (1877-1911) and the fifteen years of violent conflict typifying much of Mexican politics after 1917, law and judicial decision-making were important for the country's political and economic organization. Influenced by French theories of jurisprudence in addition to domestic events, progressive Mexican legal thinkers concluded that the liberal view of law—as existing primarily to guarantee the rights of individuals and of private property—was inadequate for solving the "social question"; the aim of the legal regime should instead be one of harmoniously regulating relations between interdependent groups of social actors. This book argues that the federal judiciary's adjudication of labor disputes and its elaboration of new legal principles played a significant part in the evolution of Mexican labor law and the nation's political and social compact. Indeed, this conclusion might seem paradoxical in a country with a civil law tradition, weak judiciary, authoritarian government, and endemic corruption. Suarez-Potts shows how and why judge-made law mattered, and why contemporaries paid close attention to the rulings of Supreme Court justices in labor cases as the nation's system of industrial relations was established.


Courts, Politics and Constitutional Law

Courts, Politics and Constitutional Law

Author: Martin Belov

Publisher: Routledge

Published: 2019-10-16

Total Pages: 189

ISBN-13: 1000707970

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This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.


The Political Logic of Poverty Relief

The Political Logic of Poverty Relief

Author: Alberto Diaz-Cayeros

Publisher: Cambridge University Press

Published: 2016-02-26

Total Pages: 259

ISBN-13: 1107140285

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The Political Logic of Poverty Relief places electoral politics and institutional design at the core of poverty alleviation. The authors develop a theory with applications to Mexico about how elections shape social programs aimed at aiding the poor. They also assess whether voters reward politicians for targeted poverty alleviation programs.