Enforcing the Rule of Law

Enforcing the Rule of Law

Author: Enrique Peruzzotti

Publisher: University of Pittsburgh Pre

Published: 2006-04-07

Total Pages: 377

ISBN-13: 0822972883

DOWNLOAD EBOOK

Reports of scandal and corruption have led to the downfall of numerous political leaders in Latin America in recent years. What conditions have developed that allow for the exposure of wrongdoing and the accountability of leaders? Enforcing the Rule of Law examines how elected officials in Latin American democracies have come under scrutiny from new forms of political control, and how these social accountability mechanisms have been successful in counteracting corruption and the limitations of established institutions. This volume reveals how legal claims, media interventions, civic organizations, citizen committees, electoral observation panels, and other watchdog groups have become effective tools for monitoring political authorities. Their actions have been instrumental in exposing government crime, bringing new issues to the public agenda, and influencing or even reversing policy decisions. Enforcing the Rule of Law presents compelling accounts of the emergence of civic action movements and their increasing political influence in Latin America, and sheds new light on the state of democracy in the region.


The (un)rule of Law and the Underprivileged in Latin America

The (un)rule of Law and the Underprivileged in Latin America

Author: Juan E. Méndez

Publisher:

Published: 1999

Total Pages: 376

ISBN-13:

DOWNLOAD EBOOK

This study describes a Latin American legal system which punishes only the poor and a democratic state which fails to control its own agents' arbitrary practices. The contributors argue that judicial reform cannot be seperated from human rights and that justice must be made available to the poor.


Promessas Não Cumpridas

Promessas Não Cumpridas

Author: Inter-American Dialogue (Organization)

Publisher:

Published: 2019

Total Pages: 153

ISBN-13: 9781733727617

DOWNLOAD EBOOK

The volume takes a broad view of recent social, political, and economic developments in Latin America. It contains six essays, focused on salient and cross-cutting themes, that try to construct a thread or narrative about the highly diverse region, highlighting its main idiosyncrasies and analyzing where it might be headed in coming years. While the essays recognize considerable advances, they also point out setbacks and missed opportunities that have stood in the way of sustained progress. Strengthening state capacity emerges as a significant challenge.


Rule of Law in Latin America

Rule of Law in Latin America

Author: Pilar Domingo

Publisher: University of London Press

Published: 2001

Total Pages: 196

ISBN-13:

DOWNLOAD EBOOK

The authors examine the way in which international organizations rationalize and prioritize their reform proposals and agenda in Latin America; how reform agendas are implemented and followed up (or not); how international donor organizations relate to national governments and civil society, and to


Constitutional Courts as Mediators

Constitutional Courts as Mediators

Author: Julio Ríos-Figueroa

Publisher: Cambridge University Press

Published: 2016-04-15

Total Pages: 255

ISBN-13: 1107079780

DOWNLOAD EBOOK

The book proposes an informational theory of constitutional review highlighting the mediator role of constitutional courts in democratic conflict solving.


Ruling the Law

Ruling the Law

Author: Jorge L. Esquirol

Publisher:

Published: 2019

Total Pages: 283

ISBN-13: 9781316630921

DOWNLOAD EBOOK

Challenges the distorted hegemonic accounts of Latin American law and reveals their geopolitical and economic consequences in the world today.


Tax Evasion and the Rule of Law in Latin America

Tax Evasion and the Rule of Law in Latin America

Author: Marcelo Bergman

Publisher: Penn State Press

Published: 2015-08-26

Total Pages: 280

ISBN-13: 0271058811

DOWNLOAD EBOOK

Few tasks are as crucial for the future of democracy in Latin America—and, indeed, in other underdeveloped areas of the world—as strengthening the rule of law and reforming the system of taxation. In this book, Marcelo Bergman shows how success in getting citizens to pay their taxes is related intimately to the social norms that undergird the rule of law. The threat of legal sanctions is itself insufficient to motivate compliance, he argues. That kind of deterrence works best when citizens already have other reasons to want to comply, based on their beliefs about what is fair and about how their fellow citizens are behaving. The problem of "free riding," which arises when cheaters can count on enough suckers to pay their taxes so they can avoid doing so and still benefit from the government’s supply of public goods, cannot be reversed just by stringent law, because the success of governmental enforcement ultimately depends on the social equilibrium that predominates in each country. Culture and state effectiveness are inherently linked. Using a wealth of new data drawn from his own multidimensional research involving game theory, statistical models, surveys, and simulations, Bergman compares Argentina and Chile to show how, in two societies that otherwise share much in common, the differing traditions of rule of law explain why so many citizens evade paying taxes in Argentina—and why, in Chile, most citizens comply with the law. In the concluding chapter, he draws implications for public policy from the empirical findings and generalizes his argument to other societies in Africa, Asia, and Eastern Europe.


Courts in Latin America

Courts in Latin America

Author: Gretchen Helmke

Publisher: Cambridge University Press

Published: 2011-01-17

Total Pages: 353

ISBN-13: 1139497162

DOWNLOAD EBOOK

To what extent do courts in Latin America protect individual rights and limit governments? This volume answers these fundamental questions by bringing together today's leading scholars of judicial politics. Drawing on examples from Argentina, Brazil, Chile, Mexico, Colombia, Costa Rica and Bolivia, the authors demonstrate that there is widespread variation in the performance of Latin America's constitutional courts. In accounting for this variation, the contributors push forward ongoing debates about what motivates judges; whether institutions, partisan politics and public support shape inter-branch relations; and the importance of judicial attitudes and legal culture. The authors deploy a range of methods, including qualitative case studies, paired country comparisons, statistical analysis and game theory.


Transformative Constitutionalism in Latin America

Transformative Constitutionalism in Latin America

Author: Armin von Bogdandy

Publisher: Oxford University Press

Published: 2017-06-16

Total Pages: 465

ISBN-13: 0192515462

DOWNLOAD EBOOK

This ground-breaking collection of essays outlines and explains the unique development of Latin American jurisprudence. It introduces the idea of the Ius Constitutionale Commune en América Latina (ICCAL), an original Latin American path of transformative constitutionalism, to an Anglophone audience for the first time. It charts the key developments that have transformed the region and assesses the success of the constitutional projects that followed a period of authoritarian regimes in Latin America. Coined by scholars who have been documenting, conceptualizing, and comparing the development of Latin American public law for more than a decade, the term ICCAL encompasses themes that cross national borders and legal fields, taking in constitutional law, administrative law, general public international law, regional integration law, human rights, and investment law. Not only does this volume map the legal landscape, it also suggests measures to improve society via due legal process and a rights-based, supranational and regionally rooted constitutionalism. The editors contend that with the strengthening of democracy, the rule of law, and human rights, common problems such as the exclusion of wide sectors of the population from having a say in government, as well as corruption, hyper-presidentialism, and the weak normativity of the law can be combatted more effectively in future.


Cultures of Legality

Cultures of Legality

Author: Javier Couso

Publisher: Cambridge University Press

Published: 2010-04-30

Total Pages: 305

ISBN-13: 0521767237

DOWNLOAD EBOOK

Ideas about law are undergoing dramatic change in Latin America. The consolidation of democracy as the predominant form of government and the proliferation of transnational legal instruments have ushered in an era of new legal conceptions and practices. Law has become a core focus of political movements and policy-making. This volume explores the changing legal ideas and practices that accompany, cause, and are a consequence of the judicialization of politics in Latin America. It is the product of a three-year international research effort, sponsored by the Law and Society Association, the Latin American Studies Association, and the Ford Foundation, that gathered leading and emerging scholars of Latin American courts from across disciplines and across continents.