Popular Sovereignty and Constituent Power in Latin America

Popular Sovereignty and Constituent Power in Latin America
Author: Emelio Betances
Publisher: Springer
Total Pages: 213
Release: 2016-11-24
Genre: Political Science
ISBN: 1137548258

This book combines a bottom-up and top-down approach to the study of social movements in relationship to the development of constituent and constituted power in Latin America. The contributors to this volume argue that the radical transformation of liberal representative democracy into participative democracy is what colours these processes as revolutionary. The core themes include popular sovereignty, constituted power, constituent power, participatory democracy, free trade agreements, social citizenship, as well as redistribution and recognition issues. Unlike other collections, which provide broad coverage of social movements at the expense of depth, this book is of thematic focus and illuminates the relationships between rulers and ruled as they transform liberal democracy.

Sovereignty in Action

Sovereignty in Action
Author: Bas Leijssenaar
Publisher: Cambridge University Press
Total Pages: 247
Release: 2019-07-18
Genre: History
ISBN: 1108483518

Sovereignty, originally the figure of 'sovereign', then the state, today meets new challenges of globalization and privatization of power.

Constituent Power

Constituent Power
Author: Lucia Rubinelli
Publisher: Cambridge University Press
Total Pages: 279
Release: 2020-05-21
Genre: Political Science
ISBN: 1108618553

From the French Revolution onwards, constituent power has been a key concept for thinking about the principle of popular power, and how it should be realised through the state and its institutions. Tracing the history of constituent power across five key moments - the French Revolution, nineteenth-century French politics, the Weimar Republic, post-WWII constitutionalism, and political philosophy in the 1960s - Lucia Rubinelli reconstructs and examines the history of the principle. She argues that, at any given time, constituent power offered an alternative understanding of the power of the people to those offered by ideas of sovereignty. Constituent Power: A History also examines how, in turn, these competing understandings of popular power resulted in different institutional structures and reflects on why contemporary political thought is so prone to conflating constituent power with sovereignty.

Constituent Power

Constituent Power
Author: Arvidsson Matilda Arvidsson
Publisher: Edinburgh University Press
Total Pages: 272
Release: 2020-08-18
Genre: Law
ISBN: 147445500X

With a strong focus on constitutional law, this book examines the legal as well as the political power of 'the people' in constitutional democracies. Bringing together an international range of contributors from the USA, Latin America, the UK and continental Europe, it explores the complex relationship between constitutional democracy and 'the people' from the angles of constitutional law, legal theory, political theory, and history. Contributors explore this relationship through the lens of radical democracy, engaging with the work of key figures such as Hannah Arendt, Carl Schmitt, Claude Lefort, and Jacques Ranciere.

Constituent Power and the Law

Constituent Power and the Law
Author: Joel I. Colon-Rios
Publisher:
Total Pages: 353
Release: 2020
Genre: Constituent power
ISBN: 0198785984

This book examines the relationship between constituent power and the law, and the place of the former in constitutional history, drawing from constitutional theory beyond the Anglo-American sphere, with new material made available for the first time to English readers.

The Paradox of Constitutionalism

The Paradox of Constitutionalism
Author: Martin Loughlin
Publisher:
Total Pages: 375
Release: 2007
Genre: Constituent power
ISBN:

In modern political communities ultimate authority is often thought to reside with 'the people'. This book examines how constitutions act as a delegation of power from 'the people' to expert institutions, and looks at the attendant problems of maintaining the legitimacy of these constitutional arrangements.

The Inclusionary Turn in Latin American Democracies

The Inclusionary Turn in Latin American Democracies
Author: Diana Kapiszewski
Publisher: Cambridge University Press
Total Pages: 587
Release: 2021-02-04
Genre: Political Science
ISBN: 110890159X

Latin American states took dramatic steps toward greater inclusion during the late twentieth and early twenty-first Centuries. Bringing together an accomplished group of scholars, this volume examines this shift by introducing three dimensions of inclusion: official recognition of historically excluded groups, access to policymaking, and resource redistribution. Tracing the movement along these dimensions since the 1990s, the editors argue that the endurance of democratic politics, combined with longstanding social inequalities, create the impetus for inclusionary reforms. Diverse chapters explore how factors such as the role of partisanship and electoral clientelism, constitutional design, state capacity, social protest, populism, commodity rents, international diffusion, and historical legacies encouraged or inhibited inclusionary reform during the late 1990s and early 2000s. Featuring original empirical evidence and a strong theoretical framework, the book considers cross-national variation, delves into the surprising paradoxes of inclusion, and identifies the obstacles hindering further fundamental change.

Courts and Social Transformation in New Democracies

Courts and Social Transformation in New Democracies
Author: Roberto Gargarella
Publisher: Ashgate Publishing, Ltd.
Total Pages: 336
Release: 2006
Genre: Political Science
ISBN: 9780754647836

This volume examines the role of courts as a channel for social transformation for excluded sectors of society in contemporary democracies, with a focus on social rights litigation in post-authoritarian regimes or contexts of fragile state presence.

Transformative Constitutionalism in Latin America

Transformative Constitutionalism in Latin America
Author: Armin von Bogdandy
Publisher: Oxford University Press
Total Pages: 465
Release: 2017-06-16
Genre: Law
ISBN: 0192515462

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.

Sovereignty in Post-Sovereign Society

Sovereignty in Post-Sovereign Society
Author: Jiří Přibáň
Publisher: Routledge
Total Pages: 284
Release: 2016-03-09
Genre: Law
ISBN: 1317052080

Sovereignty marks the boundary between politics and law. Highlighting the legal context of politics and the political context of law, it thus contributes to the internal dynamics of both political and legal systems. This book comprehends the persistence of sovereignty as a political and juridical concept in the post-sovereign social condition. The tension and paradoxical relationship between the semantics and structures of sovereignty and post-sovereignty are addressed by using the conceptual framework of the autopoietic social systems theory. Using a number of contemporary European examples, developments and paradoxes, the author examines topics of immense interest and importance relating to the concept of sovereignty in a globalising world. The study argues that the modern question of sovereignty permanently oscillating between de iure authority and de facto power cannot be discarded by theories of supranational and transnational globalized law and politics. Criticising quasi-theological conceptualizations of political sovereignty and its juridical form, the study reformulates the concept of sovereignty and its persistence as part of the self-referential communication of the systems of positive law and politics. The book will be of considerable interest to academics and researchers in political, legal and social theory and philosophy.