Transformative Constitutionalism in Latin America

Transformative Constitutionalism in Latin America

Author: Armin von Bogdandy

Publisher: Oxford University Press

Published: 2017-07-21

Total Pages: 513

ISBN-13: 0192515470

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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.


Justicia constitucional, derechos humanos y democracia en América Latina

Justicia constitucional, derechos humanos y democracia en América Latina

Author: Arnaud Martin

Publisher: U. Externado de Colombia

Published: 2014-06-19

Total Pages: 22

ISBN-13: 9587720857

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Más de veinte años después de la gran ola de democratización que acabó con los regímenes autoritarios que actuaban con rigor en la región, América Latina ofrece hoy todavía la cara de un subcontinente preso por los viejos demonios del pasado. La alternancia en el poder se produce hoy en día sin plantear mayores dificultades, los Estados viven un pluralismo político apaciguado, la izquierda ha dejado de ser sinónimo de peligro marxista, la derecha ya no es una amenaza autoritaria, y la mayoría ya no intenta arrasar con la oposición. Sin embargo, la historia ofrecerá aún numerosos ejemplos de prácticas heredadas de un tiempo que se consideró superado con demasiada rapidez. Las tentativas de golpe de Estado, las presiones sobre los parlamentarios o sobre los jueces, el recurso abusivo a la legislación de excepción, son algunas de las razones para dudar de que América Latina haya pasado, de manera definitiva, las páginas sombrías de su historia.


Routledge Handbook of Law and Society in Latin America

Routledge Handbook of Law and Society in Latin America

Author: Rachel Sieder

Publisher: Routledge

Published: 2019-05-20

Total Pages: 978

ISBN-13: 1317291271

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An understanding of law and its efficacy in Latin America demands concepts distinct from the hegemonic notions of "rule of law" which have dominated debates on law, politics and society, and that recognize the diversity of situations and contexts characterizing the region. The Routledge Handbook of Law and Society in Latin America presents cutting-edge analysis of the central theoretical and applied areas of enquiry in socio-legal studies in the region by leading figures in the study of law and society from Latin America, North America and Europe. Contributors argue that scholarship about Latin America has made vital contributions to longstanding and emerging theoretical and methodological debates on the relationship between law and society. Key topics examined include: The gap between law-on-the-books and law in action The implications of legal pluralism and legal globalization The legacies of experiences of transitional justice Emerging forms of socio-legal and political mobilization Debates concerning the relationship between the legal and the illegal. The Routledge Handbook of Law and Society in Latin America sets out new research agendas for cross-disciplinary socio-legal studies and will be of interest to those studying law, sociology of law, comparative Latin American politics, legal anthropology and development studies.


Legacies of the Left Turn in Latin America

Legacies of the Left Turn in Latin America

Author: Manuel Balán

Publisher: University of Notre Dame Pess

Published: 2020-01-31

Total Pages: 362

ISBN-13: 0268106606

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Legacies of the Left Turn in Latin America: The Promise of Inclusive Citizenship contains original essays by a diverse group of leading and emerging scholars from North America, Europe, and Latin America. The book speaks to wide-ranging debates on democracy, the left, and citizenship in Latin America. What were the effects of a decade and a half of left and center-left governments? The central purpose of this book is to evaluate both the positive and negative effects of the Left turn on state-society relations and inclusion. Promises of social inclusion and the expansion of citizenship rights were paramount to the center-left discourses upon the factions' arrival to power in the late 1990s and early 2000s. This book is a first step in understanding to what extent these initial promises were or were not fulfilled, and why. In analyzing these issues, the authors demonstrate that these years yield both signs of progress in some areas and the deepening of historical problems in others. The contributors to this book reveal variation among and within countries, and across policy and issue areas such as democratic institution reforms, human rights, minorities’ rights, environmental questions, and violence. This focus on issues rather than countries distinguishes the book from other recent volumes on the left in Latin America, and the book will speak to a broad and multi-dimensional audience, both inside and outside the academic world. Contributors: Manuel Balán, Françoise Montambeault, Philip Oxhorn, Maxwell A. Cameron, Kenneth M. Roberts, Nathalia Sandoval-Rojas, Daniel M. Brinks, Benjamin Goldfrank, Roberta Rice, Elizabeth Jelin, Celina Van Dembroucke, Nora Nagels, Merike Blofield, Jordi Díez, Eve Bratman, Gabriel Kessler, Olivier Dabène, Jared Abbott, Steve Levitsky


For la Patria

For la Patria

Author: Brian Loveman

Publisher: Rowman & Littlefield Publishers

Published: 2004-09-08

Total Pages: 366

ISBN-13: 0585282072

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Defending 'la patria,' or 'homeland,' is the historical mission claimed by Latin American armed forces. For la Patria is a comprehensive narrative history of the military's political role in Latin America in national defense and security. Latin American civil-military relations and the role of the armed forces in politics, like those of all modern nation-states, are framed by constitutional and legal norms specifying the formal relationships between the armed forces and the rest of society. In actuality, they are also the result of expectations, attitudes, values, and practices evolved over centuries-integral aspects of national political cultures. Military institutions in each Latin American nation have resulted from that country's own blend of local and imported influences, developing a distinctive pattern of civil-military relations as defender of the fatherland and guarantor of security and order. Written by Latin American specialist Brian Loveman, For la Patria includes tables, maps, photographs, and a glossary that will assist the student in better understanding the military's intervention in politics in Latin America. This new text will give students a thorough and accessible history of Latin American armed forces and their actions in Latin American politics from colonial times to the present.


Constitutional Law in Venezuela

Constitutional Law in Venezuela

Author: Allan R. Brewer-Carías

Publisher: Kluwer Law International B.V.

Published: 2023-08-20

Total Pages: 637

ISBN-13: 9403514175

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Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Venezuela provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Venezuela will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.


Law and Society in Latin America

Law and Society in Latin America

Author: Cesar Garavito

Publisher: Routledge

Published: 2014-09-04

Total Pages: 306

ISBN-13: 1136002405

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Over the past two decades, legal thought and practice in Latin America have changed dramatically: new constitutions or constitutional reforms have consolidated democratic rule, fundamental innovations have been introduced in state institutions, social movements have turned to law to advance their causes, and processes of globalization have had profound effects on legal norms and practices. Law and Society in Latin America: A New Map offers the first systematic assessment by leading Latin American socio-legal scholars of the momentous transformations in the region. Through an interdisciplinary and comparative lens, contributors analyze the central advances and dilemmas of contemporary Latin American law. Among them are pioneering jurisprudence and legal mobilization for the fulfillment of socioeconomic rights in a highly unequal region, the rise of multicultural constitutionalism and legal struggles around identity politics, the globalization of legal education and practice, tensions between developmental policies and environmental justice, and the emergence of a regional human rights system. These and other processes have not only radically altered the institutional landscape of the region, but also produced academic and practical innovations that are of global interest and defy conventional accounts of Latin American law inherited from law-and-development studies. Painting a portrait of the new Latin American legal thought for an international audience, Law and Society in Latin America: A New Map will be of particular interest to students of comparative law, legal mobilization, and Latin American politics.


Inter-American Yearbook on Human Rights / Anuario Interamericano de Derechos Humanos, Volume 37 (2021) (VOLUME IV)

Inter-American Yearbook on Human Rights / Anuario Interamericano de Derechos Humanos, Volume 37 (2021) (VOLUME IV)

Author: Inter-American Commission on Human Rights

Publisher: BRILL

Published: 2023-12-11

Total Pages: 1089

ISBN-13: 9004537767

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The 2021 Inter-American Yearbook on Human Rights provides an extract of the principal jurisprudence of the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights. Part One contains the Decisions on the Merits of the Commission, and Part Two the Judgments and Decisions of the Court. The Yearbook is partly published as an English-Spanish bilingual edition. Some parts are in English or Spanish only. NB: This book is part of a four volume set. Vol. 1 ISBN: 978-90-04-51185-9 Vol. 2 ISBN: 978-90-04-51187-3 Vol. 3 ISBN: 978-90-04-53773-6 Vol. 4 ISBN: 978-90-04-53775-0


The Impact of the Inter-American Human Rights System

The Impact of the Inter-American Human Rights System

Author: Armin von Bogdandy

Publisher: Oxford University Press

Published: 2024

Total Pages: 705

ISBN-13: 0197744168

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This interdisciplinary volume brings together leading scholars in international and constitutional law, social sciences, and international relations to present a systematic as well as critical analysis of the impact of the Inter-American System of Human Rights and the legal mechanisms that allow for that impact.