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

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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 Rule of Law In Central America
The Rule of Law In Central America

Author: Mary Fran T. Malone

Publisher: Bloomsbury Publishing USA

Published: 2014-03-13

Total Pages: 227

ISBN-13: 1628922567

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The book is a thorough study that focuses on the impact of the current crime wave on citizens' respect for the law in countries such as Nicaragua, Panama, Costa Rica, Guatemala, El Salvador, and Honduras. The work opens with a brief review of the literature on the rule of law and legal socialization, followed by an historical overview of the democratization and justice reform in Central America from the 1990s to the present. Set as a comparative, micro-level study, the work then looks at an array of measures from citizens' toleration of government abuses of power to vigilante justice and the reporting of crime to police. Lastly, an empirical model is developed to predict citizens' attitudes, combining both these micro-level individual attributes with macro-level measures of institutional performance. A unique look at the process of democratization from a comparative perspective, Citizens' Support for the Rule of Law in Central America it will appeal to faculty, researchers, and students interested in Latin American politics, comparative politics, and democratic transition.

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:

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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

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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:

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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

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

The Rule of Law in Nascent Democracies
The Rule of Law in Nascent Democracies

Author: Rebecca Bill Chavez

Publisher: Stanford University Press

Published: 2004

Total Pages: 284

ISBN-13: 9780804748124

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This book explains how the rule of law emerges and how it survives in nascent democracies. The question of how nascent democracies construct and fortify the rule of law is fundamentally about power. By focusing on judicial autonomy, a key component of the rule of law, this book demonstrates that the fragmentation of political power is a necessary condition for the rule of law. In particular, it shows how party competition sets the stage for independent courts. Using case studies of Argentina at the national level and of two neighboring Argentine provinces, San Luis and Mendoza, this book also addresses patterns of power in the economic and societal realms. The distribution of economic resources among members of a divided elite fosters competitive politics and is therefore one path to the requisite political fragmentation. Where institutional power and economic power converge, a reform coalition of civil society actors can overcome monopolies in the political realm.

Rule of Law, Human Rights and Judicial Control of Power
Rule of Law, Human Rights and Judicial Control of Power

Author: Rainer Arnold

Publisher: Springer

Published: 2017-05-16

Total Pages: 444

ISBN-13: 3319551868

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Judicial control of public power ensures a guarantee of the rule of law. This book addresses the scope and limits of judicial control at the national level, i.e. the control of public authorities, and at the supranational level, i.e. the control of States. It explores the risk of judicial review leading to judicial activism that can threaten the principle of the separation of powers or the legitimate exercise of state powers. It analyzes how national and supranational legal systems have embodied certain mechanisms, such as the principles of reasonableness, proportionality, deference and margin of appreciation, as well as the horizontal effects of human rights that help to determine how far a judge can go. Taking a theoretical and comparative view, the book first examines the conceptual bases of the various control systems and then studies the models, structural elements, and functions of the control instruments in selected countries and regions. It uses country and regional reports as the basis for the comparison of the convergences and divergences of the implementation of control in certain countries of Europe, Latin America, and Africa. The book’s theoretical reflections and comparative investigations provide answers to important questions, such as whether or not there are nascent universal principles concerning the control of public power, how strong the impact of particular legal traditions is, and to what extent international law concepts have had harmonizing and strengthening effects on internal public-power control.

Democracy and the Rule of Law
Democracy and the Rule of Law

Author: Adam Przeworski

Publisher: Cambridge University Press

Published: 2003-07-21

Total Pages: 338

ISBN-13: 9780521532662

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This book addresses the question of why governments sometimes follow the law and other times choose to evade the law. The traditional answer of jurists has been that laws have an autonomous causal efficacy: law rules when actions follow anterior norms; the relation between laws and actions is one of obedience, obligation, or compliance. Contrary to this conception, the authors defend a positive interpretation where the rule of law results from the strategic choices of relevant actors. Rule of law is just one possible outcome in which political actors process their conflicts using whatever resources they can muster: only when these actors seek to resolve their conflicts by recourse to la, does law rule. What distinguishes 'rule-of-law' as an institutional equilibrium from 'rule-by-law' is the distribution of power. The former emerges when no one group is strong enough to dominate the others and when the many use institutions to promote their interest.

Promoting the Rule of Law Abroad
Promoting the Rule of Law Abroad

Author: Thomas Carothers

Publisher:

Published: 2006

Total Pages: 363

ISBN-13: 9780870032196

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"Over the past decade, Carothers has established himself as the leading U.S. expert on democracy promotion. He is a powerful critic not only of the nuts-and-bolts of democracy assistance but also of U.S. grand strategy overall."--SAIS Review Promoting the rule of law has become a major part of Western efforts to spread democracy and market economics around the world. Yet, although programs to foster the rule of law abroad have mushroomed, well-grounded knowledge about what factors ensure success, and why, remains scarce. In Promoting the Rule of Law Abroad, leading practitioners and policy-oriented scholars draw on years of experience--in Russia, China, Latin America, Central and Eastern Europe, the Middle East, and Africa--to critically assess the rationale, methods, and goals of rule-of-law policies. These incisive, accessible essays offer vivid portrayals and penetrating analyses of the challenges that define this vital but surprisingly little-understood field.Contributors include Rachel Belton (Truman National Security Project), Lisa Bhansali (World Bank), Christina Biebesheimer (World Bank), Thomas Carothers (Carnegie Endowment), Wade Channell, Stephen Golub, and David Mednicoff (University of Massachusetts, Amherst), Laure-H�l�ne Piron (Overseas Development Institute), Matthew Spence (Yale Law School), Matthew Stephenson (Harvard Law School), and Frank Upham (NYU School of Law).