International Human Rights and Authoritarian Rule in Chile

International Human Rights and Authoritarian Rule in Chile
Author: Darren G. Hawkins
Publisher: U of Nebraska Press
Total Pages: 288
Release: 2002-01-01
Genre: Political Science
ISBN: 9780803224049

What is the influence of international human rights activism on authoritarian governments in the modern era? How much can pressure from human rights organizations and nations affect political change within a county? This book addresses these key issues by examining the impact of transnational human rights organizations and international norms on Chile during Gen. Augusto Pinochet's regime (1973?90) and afterward. Darren G. Hawkins argues that steadily mounting pressure from abroad concerning human rights did, in fact, make Pinochet more vulnerable over time and helped stimulate Chile's movement to a liberal democracy. Such international expectations could not be ignored by Pinochet, and they gradually and cumulatively made themselves felt. By 1975 some Chilean officials were adopting the discourse of human rights and claiming their adherence to international norms; two years later the government's security apparatus responsible for the reign of terror was reorganized, and disappearances in Chile nearly ceased. In 1980 the regime abandoned its insistence on unlimited authoritarian rule and approved a constitution that set term limits and promised future democratic institutions; Pinochet lost a constitutionally mandated plebiscite in 1988 and ultimately left office in 1990. Hawkins contends that these changes not only were internally driven but reflected an ongoing response to an international discourse on human rights. Well-researched and cogently argued, this case study further illuminates and complicates our understanding of modern Chilean history and provides ample testimony of the far-reaching effects of international human rights work.

Limits of Tolerance

Limits of Tolerance
Author: Sebastian Brett
Publisher: Human Rights Watch
Total Pages: 210
Release: 1998
Genre: Political Science
ISBN: 9781564321923

History and Legal Norms

Chile Under Pinochet

Chile Under Pinochet
Author: Mark Ensalaco
Publisher: University of Pennsylvania Press
Total Pages: 299
Release: 2010-11-24
Genre: Political Science
ISBN: 0812201868

"When the army comes out, it is to kill."—Augusto Pinochet Following his bloody September 1973 coup d'état that overthrew President Salvador Allende, Augusto Pinochet, commander-in-chief of the Chilean Armed Forces and National Police, became head of a military junta that would rule Chile for the next seventeen years. The violent repression used by the Pinochet regime to maintain power and transform the country's political profile and economic system has received less attention than the Argentine military dictatorship, even though the Pinochet regime endured twice as long. In this primary study of Chile Under Pinochet, Mark Ensalaco maintains that Pinochet was complicit in the "enforced disappearance" of thousands of Chileans and an unknown number of foreign nationals. Ensalaco spent five years in Chile investigating the impact of Pinochet's rule and interviewing members of the truth commission created to investigate the human rights violations under Pinochet. The political objective of human rights organizations, Ensalaco contends, is to bring sufficient pressure to bear on violent regimes to induce them to end policies of repression. However, these efforts are severely limited by the disparities of power between human rights organizations and regimes intent on ruthlessly eliminating dissent.

Authoritarianism and the Elite Origins of Democracy

Authoritarianism and the Elite Origins of Democracy
Author: Michael Albertus
Publisher: Cambridge University Press
Total Pages: 326
Release: 2018-01-25
Genre: Political Science
ISBN: 110819642X

This book argues that - in terms of institutional design, the allocation of power and privilege, and the lived experiences of citizens - democracy often does not restart the political game after displacing authoritarianism. Democratic institutions are frequently designed by the outgoing authoritarian regime to shield incumbent elites from the rule of law and give them an unfair advantage over politics and the economy after democratization. Authoritarianism and the Elite Origins of Democracy systematically documents and analyzes the constitutional tools that outgoing authoritarian elites use to accomplish these ends, such as electoral system design, legislative appointments, federalism, legal immunities, constitutional tribunal design, and supermajority thresholds for change. The study provides wide-ranging evidence for these claims using data that spans the globe and dates from 1800 to the present. Albertus and Menaldo also conduct detailed case studies of Chile and Sweden. In doing so, they explain why some democracies successfully overhaul their elite-biased constitutions for more egalitarian social contracts.

Post-transitional Justice

Post-transitional Justice
Author: Cath Collins
Publisher: Penn State Press
Total Pages: 293
Release: 2010
Genre: Political Science
ISBN: 0271036877

"Analyzes how activists, legal strategies, and judicial receptivity to human rights claims are constructing new accountability outcomes for human rights violations in Chile and El Salvador"--Provided by publisher.

Secrecy and Liberty: National Security, Freedom of Expression and Access to Information

Secrecy and Liberty: National Security, Freedom of Expression and Access to Information
Author: Joan Fitzpatrick
Publisher: BRILL
Total Pages: 592
Release: 2021-09-27
Genre: Law
ISBN: 9004481796

The tension between national security and freedom of expression and information is both acute and multifaceted. Without national security, basic human rights are always at risk. On the other hand, the tendency of governing elites to confuse `the life of the nation' with their own survival has often resulted in excessive restrictions on expression and information, as well as other fundamental rights. A proper balance between secrecy and liberty requires a vigilant press and an independent judiciary. It also requires greater clarity than currently exists as to how competing rights and interests should be weighed. This book addresses that gap. Its centerpiece is a set of Principles drafted by a group of international and national law experts, many of whom contributed chapters, to guide governments, courts and international bodies in how to strike a proper balance. The Principles have been widely endorsed, among others by United Nations experts on freedom of expression and independence of judges and lawyers. Sixteen country studies - profiling, among other states, Albania, Chile, China, Egypt, France, Germany, India, Israel, Japan, Norway, South Africa, South Korea, Turkey, the United Kingdom, the United States, and the Federal Republic of Yugoslavia - explore the tremendous diversity of national security doctrines and the penal and other measures aimed at suppressing allegedly secret information and speech claimed to be subversive, separatist or otherwise dangerous. Five chapters examine the cases considered and approaches taken by the UN Human Rights Committee, three regional human rights bodies, and the European Court of Justice. A Commentary draws on the other chapters to support and elucidate the Principles, noting where they reflect an existing consensus and the points at which they attempt to elicit a more rights-protective approach.

Dual Transitions from Authoritarian Rule

Dual Transitions from Authoritarian Rule
Author: Francisco E. Gonzlez
Publisher: Johns Hopkins University Press+ORM
Total Pages: 446
Release: 2008-04-21
Genre: Political Science
ISBN: 0801896754

An “analytically sophisticated and heavily documented” study of two Latin American countries in their economic and political move toward democracy (Choice). In 1982, Latin America experienced a region-wide economic collapse that had a drastic effect on governments throughout Central and South America. Many were pushed to the verge of failure, while several of the most authoritarian—Argentina, Bolivia, Brazil, and Uruguay—went over the brink. Yet somehow, Chile’s repressive military dictatorship and Mexico’s hegemonic civilian regime endured amid the economic chaos. Dual Transitions from Authoritarian Rule explains why these two regimes survived the upheaval and how each progressed toward a more open, democratic, market-driven system in later years. Using comparative analysis of Chile and Mexico, Francisco González explains that their governments—though different ideologically—shared a type of authoritarian rule that maintained the political status quo while aiding proponents of political and economic liberalization. Featuring a discussion of parallel phenomena in Brazil, Hungary, Taiwan, and South Korea, Dual Transitions from Authoritarian Rule challenges the received wisdom about sociopolitical and economic change within authoritarian nations. A Choice Magazine Outstanding Academic Title

Rule By Law

Rule By Law
Author: Tom Ginsburg
Publisher: Cambridge University Press
Total Pages: 392
Release: 2008-05-08
Genre: Law
ISBN: 9780521720410

Scholars have generally assumed that courts in authoritarian states are pawns of their regimes, upholding the interests of governing elites and frustrating the efforts of their opponents. As a result, nearly all studies in comparative judicial politics have focused on democratic and democratizing countries. This volume brings together leading scholars in comparative judicial politics to consider the causes and consequences of judicial empowerment in authoritarian states. It demonstrates the wide range of governance tasks that courts perform, as well as the way in which courts can serve as critical sites of contention both among the ruling elite and between regimes and their citizens. Drawing on empirical and theoretical insights from every major region of the world, this volume advances our understanding of judicial politics in authoritarian regimes.

Constitutions in Authoritarian Regimes

Constitutions in Authoritarian Regimes
Author: Tom Ginsburg
Publisher: Cambridge University Press
Total Pages: 283
Release: 2014
Genre: Law
ISBN: 1107047668

This volume explores the form and function of constitutions in countries without the fully articulated institutions of limited government.

The Judicialization of Politics in Latin America

The Judicialization of Politics in Latin America
Author: Rachel Sieder
Publisher: Springer
Total Pages: 314
Release: 2016-04-30
Genre: Social Science
ISBN: 1137108878

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.