The DNA of Constitutional Justice in Latin America

The DNA of Constitutional Justice in Latin America
Author: Daniel M. Brinks
Publisher: Cambridge University Press
Total Pages: 281
Release: 2018-04-19
Genre: Law
ISBN: 1107178363

Analyzes the political roots of the systems of constitutional justice in Latin America, tracing their development over the last 40 years.

The Judiciary and Democratic Decay in Latin America

The Judiciary and Democratic Decay in Latin America
Author: William Prillaman
Publisher: Praeger
Total Pages: 216
Release: 2000-04-30
Genre: Law
ISBN:

Prillaman argues that a sound judiciary is critical for building popular support for democracy and laying the foundations for sustainable economic development, but that most Latin American governments have made virtually no progress toward building a more effective judiciary. He shows that the traditional approach to judicial reform is flawed on several levels. Reformers are wrong to focus on a single aspect of the judiciary on the assumption that one reform naturally leads to another. In fact, all aspects of the courts are so closely related that failure to reform one aspect creates a negative synergy that ultimately undermines the reformed areas. Instead, a successful reform strategy must simultaneously tackle independence, accountability, access, and efficiency; otherwise, it is virtually assured of failure. As Prillaman points out, judicial reform is not merely a technical process that can be isolated from broader economic and political forces. Rather, it is an inherently political process that will be opposed by forces ranging from politicians accustomed to stocking the courts to judges and court personnel reluctant to accept greater oversight and professional norms. Based on four case studies, Prillaman concludes that failed judicial reforms have led to growing support for mob lynching and vigilante justice that promises to fill the void created by ineffectual courts—ultimately challenging the quality and sustainability of democracy. An invaluable survey for political scientists, students, and researchers involved with democratic consolidation, institution building, and comparative judicial politics in Latin America specifically and the developing world in general.

When Democracy Trumps Populism

When Democracy Trumps Populism
Author: Kurt Weyland
Publisher: Cambridge University Press
Total Pages: 243
Release: 2019-02-14
Genre: Political Science
ISBN: 110858943X

The victory of Donald Trump in the 2016 election left specialists of American politics perplexed and concerned about the future of US democracy. Because no populist leader had occupied the White House in 150 years, there were many questions about what to expect. Marshaling the long-standing expertise of leading specialists of populism elsewhere in the world, this book provides the first systematic, comparative analysis of the prospects for US democracy under Trump, considering the two regions - Europe and Latin America - that have had the most ample recent experiences with populist chief executives. Chapters analyze the conditions under which populism slides into illiberal or authoritarian rule and in so doing derive well-grounded insights and scenarios for the US case, as well as a more general cross-national framework. The book makes an original argument about the likely resilience of US democracy and its institutions.

Authoritarian Police in Democracy

Authoritarian Police in Democracy
Author: Yanilda María González
Publisher: Cambridge University Press
Total Pages: 375
Release: 2020-11-12
Genre: Political Science
ISBN: 1108900380

In countries around the world, from the United States to the Philippines to Chile, police forces are at the center of social unrest and debates about democracy and rule of law. This book examines the persistence of authoritarian policing in Latin America to explain why police violence and malfeasance remain pervasive decades after democratization. It also examines the conditions under which reform can occur. Drawing on rich comparative analysis and evidence from Brazil, Argentina, and Colombia, the book opens up the 'black box' of police bureaucracies to show how police forces exert power and cultivate relationships with politicians, as well as how social inequality impedes change. González shows that authoritarian policing persists not in spite of democracy but in part because of democratic processes and public demand. When societal preferences over the distribution of security and coercion are fragmented along existing social cleavages, politicians possess few incentives to enact reform.

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.

Democratic Decay and Authoritarian Resurgence

Democratic Decay and Authoritarian Resurgence
Author: Lindstaedt, Natasha
Publisher: Policy Press
Total Pages: 428
Release: 2021-05-28
Genre: Political Science
ISBN: 1529210410

Why do democracies fall apart, and what can be done about it? This book introduces students to the concept and causes of democratic decay in the modern world. Illustrating the integral link between public commitment to democratic norms and the maintenance of healthy democracies, it examines the key factors in decaying democracies, including: • Economic inequality; • Corruption; • Populist and authoritarian discourse; • Declining belief in political institutions and processes. Drawing on real-world developments, and including international case studies, the book outlines the extent to which there is a ‘democratic recession’ in contemporary politics and shows how transnational networks and technology are impacting on this development.

The State of State Reforms in Latin America

The State of State Reforms in Latin America
Author: Eduardo Lora
Publisher: World Bank Publications
Total Pages: 474
Release: 2006-10-23
Genre: Political Science
ISBN: 0821365762

Latin America suffered a profound state crisis in the 1980s, which prompted not only the wave of macroeconomic and deregulation reforms known as the Washington Consensus, but also a wide variety of institutional or 'second generation' reforms. 'The State of State Reform in Latin America' reviews and assesses the outcomes of these less studied institutional reforms. This book examines four major areas of institutional reform: a. political institutions and the state organization; b. fiscal institutions, such as budget, tax and decentralization institutions; c. public institutions in charge of sectoral economic policies (financial, industrial, and infrastructure); and d. social sector institutions (pensions, social protection, and education). In each of these areas, the authors summarize the reform objectives, describe and measure their scope, assess the main outcomes, and identify the obstacles for implementation, especially those of an institutional nature.

Democratic Decay and Authoritarian Resurgence

Democratic Decay and Authoritarian Resurgence
Author: Natasha Lindstaedt
Publisher: Policy Press
Total Pages: 428
Release: 2021-05-28
Genre: Political Science
ISBN: 1529210380

Drawing on real-world developments, and including international case studies, this book introduces students to the concept and causes of democratic decay in the modern world.

How to Save a Constitutional Democracy

How to Save a Constitutional Democracy
Author: Tom Ginsburg
Publisher: University of Chicago Press
Total Pages: 306
Release: 2018-10-05
Genre: Law
ISBN: 022656438X

Democracies are in danger. Around the world, a rising wave of populist leaders threatens to erode the core structures of democratic self-rule. In the United States, the tenure of Donald Trump has seemed decisive turning point for many. What kind of president intimidates jurors, calls the news media the “enemy of the American people,” and seeks foreign assistance investigating domestic political rivals? Whatever one thinks of President Trump, many think the Constitution will safeguard us from lasting damage. But is that assumption justified? How to Save a Constitutional Democracy mounts an urgent argument that we can no longer afford to be complacent. Drawing on a rich array of other countries’ experiences with democratic backsliding, Tom Ginsburg and Aziz Z. Huq show how constitutional rules can both hinder and hasten the decline of democratic institutions. The checks and balances of the federal government, a robust civil society and media, and individual rights—such as those enshrined in the First Amendment—often fail as bulwarks against democratic decline. The sobering reality for the United States, Ginsburg and Huq contend, is that the Constitution’s design makes democratic erosion more, not less, likely. Its structural rigidity has had unforeseen consequence—leaving the presidency weakly regulated and empowering the Supreme Court conjure up doctrines that ultimately facilitate rather than inhibit rights violations. Even the bright spots in the Constitution—the First Amendment, for example—may have perverse consequences in the hands of a deft communicator who can degrade the public sphere by wielding hateful language banned in many other democracies. We—and the rest of the world—can do better. The authors conclude by laying out practical steps for how laws and constitutional design can play a more positive role in managing the risk of democratic decline.