Contesting the Iron Fist

Contesting the Iron Fist
Author: Claudio Fuentes
Publisher: Routledge
Total Pages: 244
Release: 2005-01-01
Genre: Political Science
ISBN: 113587445X

This work analyzes the interactions and international connections of the "civil rights" and "pro-order" coalitions of state and societal actors in the two countries. The author demonstrates that in democratizing contexts, protecting citizens from police abuse and becomes part of a debate about how to deal with issues of public safety and social control and of perceived trade-offs between liberty and security.

Inter-American Yearbook on Human Rights / Anuario Interamericano de Derechos Humanos, Volume 35 (2019) (2 VOLUME SET)

Inter-American Yearbook on Human Rights / Anuario Interamericano de Derechos Humanos, Volume 35 (2019) (2 VOLUME SET)
Author: Inter-American Commission on Human Rights
Publisher: BRILL
Total Pages: 1597
Release: 2021-04-19
Genre: Law
ISBN: 9004440631

This Yearbook aims to contribute to a greater awareness of the functions and activities of the organs of the Inter-American system for the protection of human rights. The Yearbook is partly published as an English-Spanish bilingual edition. Two volume set.

Constructing Democracy

Constructing Democracy
Author: Elizabeth Jelin
Publisher: Routledge
Total Pages: 238
Release: 2020-10-18
Genre: Civil rights
ISBN: 9780367159245

This book analyzes the impact of past human rights violations on consolidation of new democracies. It focuses on the emergence of an international network of human rights organizations and on the strategic responses of Latin American militaries to international pressures to respect human rights.

La guerra contra las drogas en el mundo andino

La guerra contra las drogas en el mundo andino
Author:
Publisher: Libros del Zorzal
Total Pages: 352
Release: 2009
Genre: Law
ISBN: 9875992917

El conjunto de trabajos de este volumen revela el nivel alcanzado por el fenómeno de las drogas en el mundo andino, así como su significado en términos de las relaciones de Brasil, Estados Unidos y la Unión Europea con el área. Todos los ensayos indican la complejidad del fenómeno, los magros resultados de las políticas antidrogas y las frustraciones que ha producido la perpetuación de una estrategia antinarcóticos decididamente coactiva: “La guerra contra las drogas”. El presente libro comprueba que este paradigma prohibicionista debe reevaluarse.

Weak Courts, Strong Rights

Weak Courts, Strong Rights
Author: Mark Tushnet
Publisher: Princeton University Press
Total Pages: 288
Release: 2009-07-20
Genre: Political Science
ISBN: 1400828155

Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights, Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. Under "strong-form" judicial review, as in the United States, judicial interpretations of the constitution are binding on other branches of government. In contrast, "weak-form" review allows the legislature and executive to reject constitutional rulings by the judiciary--as long as they do so publicly. Tushnet describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own. With that background, he turns to social welfare rights, explaining the connection between the "state action" or "horizontal effect" doctrine and the enforcement of social welfare rights. Tushnet then draws together the analysis of weak-form review and that of social welfare rights, explaining how weak-form review could be used to enforce those rights. He demonstrates that there is a clear judicial path--not an insurmountable judicial hurdle--to better enforcement of constitutional social welfare rights.

The New Constitutional Order

The New Constitutional Order
Author: Mark Tushnet
Publisher: Princeton University Press
Total Pages: 277
Release: 2009-02-09
Genre: Law
ISBN: 1400825555

In his 1996 State of the Union Address, President Bill Clinton announced that the "age of big government is over." Some Republicans accused him of cynically appropriating their themes, while many Democrats thought he was betraying the principles of the New Deal and the Great Society. Mark Tushnet argues that Clinton was stating an observed fact: the emergence of a new constitutional order in which the aspiration to achieve justice directly through law has been substantially chastened. Tushnet argues that the constitutional arrangements that prevailed in the United States from the 1930s to the 1990s have ended. We are now in a new constitutional order--one characterized by divided government, ideologically organized parties, and subdued constitutional ambition. Contrary to arguments that describe a threatened return to a pre-New Deal constitutional order, however, this book presents evidence that our current regime's animating principle is not the old belief that government cannot solve any problems but rather that government cannot solve any more problems. Tushnet examines the institutional arrangements that support the new constitutional order as well as Supreme Court decisions that reflect it. He also considers recent developments in constitutional scholarship, focusing on the idea of minimalism as appropriate to a regime with chastened ambitions. Tushnet discusses what we know so far about the impact of globalization on domestic constitutional law, particularly in the areas of international human rights and federalism. He concludes with predictions about the type of regulation we can expect from the new order. This is a major new analysis of the constitutional arrangements in the United States. Though it will not be received without controversy, it offers real explanatory and predictive power and provides important insights to both legal theorists and political scientists.

Contesting the Iron Fist

Contesting the Iron Fist
Author: Claudio Fuentes
Publisher: Routledge
Total Pages: 196
Release: 2005
Genre: Political Science
ISBN: 1135874468

This work analyzes the interactions and international connections of the "civil rights" and "pro-order" coalitions of state and societal actors in the two countries. The author demonstrates that in democratizing contexts, protecting citizens from police abuse and becomes part of a debate about how to deal with issues of public safety and social control and of perceived trade-offs between liberty and security.

Motherhood, Social Policies and Women's Activism in Latin America

Motherhood, Social Policies and Women's Activism in Latin America
Author: Alejandra Ramm
Publisher: Springer
Total Pages: 309
Release: 2019-07-10
Genre: Political Science
ISBN: 3030214028

This book is a critical resource for understanding the relationship between gender, social policy and women’s activism in Latin America, with specific reference to Chile. Latin America’s mother-centered kinship system makes it an ideal field in which to study motherhood and maternalism—the ways in which motherhood becomes a public policy issue. As maternalism embraces and enhances gender differences, it has been criticized for deepening gender inequalities. Yet invoking motherhood continues to offer an effective strategy for advancing women’s living conditions and rights, and for women themselves to be present in the public sphere. In analyzing these important relationships, the contributors to this volume discuss maternal health, sexual and reproductive rights, labor programs, paid employment, women miners’ unionization, housing policies, environmental suffering, and LGBTQ intimate partner violence.

The Constitution of Deliberative Democracy

The Constitution of Deliberative Democracy
Author: Carlos Santiago Nino
Publisher: Yale University Press
Total Pages: 268
Release: 1996-01-01
Genre: Political Science
ISBN: 9780300077278

In this important and wide-ranging book, a leading political theorist and activist considers the question: What justifies democracy? Carlos Santiago Nino critically examines answers others have given and then develops his own distinctive theory of democracy, emphasizing its deliberative character. In Nino's view, democracy resembles a moral conversation and is valued because of its capacity to generate an impartial perspective, one that takes into account the interests of all citizens. Nino's conception of deliberative democracy bears on the way power is organized under a constitution. Drawing on a variety of constitutional traditions, he criticizes the presidential system and calls for citizens to participate more directly in the political life of their country. He also envisions a revitalized role for political parties. Nino shows how deliberative democracy can be combined with, and supported by, other constitutional practices, such as the specific wording of the text and the protection of individual rights. The complex constitution that emerges from his analysis consists of a historical constitution, an ideal constitution of rights, and an ideal constitution of power. Nino's goal is to explain how these three dimensions of constitutionalism can reinforce rather than conflict with each other. In a final chapter, he argues that the deliberative conception of democracy requires a more limited role for judicial review than is usually contemplated.

Child Migration and Human Rights in a Global Age

Child Migration and Human Rights in a Global Age
Author: Jacqueline Bhabha
Publisher: Princeton University Press
Total Pages: 389
Release: 2016-05-17
Genre: Political Science
ISBN: 0691169101

The first comprehensive look at the global dilemma of child migration Why, despite massive public concern, is child trafficking on the rise? Why are unaccompanied migrant children living on the streets and routinely threatened with deportation to their countries of origin? Why do so many young refugees of war-ravaged and failed states end up warehoused in camps, victimized by the sex trade, or enlisted as child soldiers? This book provides the first comprehensive account of the widespread but neglected global phenomenon of child migration, exploring the complex challenges facing children and adolescents who move to join their families, those who are moved to be exploited, and those who move simply to survive. Spanning several continents and drawing on the stories of young migrants, Child Migration and Human Rights in a Global Age provides a comprehensive account of the widespread and growing but neglected global phenomenon of child migration and child trafficking. It looks at the often-insurmountable obstacles we place in the paths of adolescents fleeing war, exploitation, or destitution; the contradictory elements in our approach to international adoption; and the limited support we give to young people brutalized as child soldiers. Part history, part in-depth legal and political analysis, this powerful book challenges the prevailing wisdom that widespread protection failures are caused by our lack of awareness of the problems these children face, arguing instead that our societies have a deep-seated ambivalence to migrant children—one we need to address head-on. Child Migration and Human Rights in a Global Age offers a road map for doing just that, and makes a compelling and courageous case for an international ethics of children's human rights.