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| 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.
| 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.
| Author | : Matthew C. Ingram |
| Publisher | : University of Notre Dame Pess |
| Total Pages | : 463 |
| Release | : 2019-05-15 |
| Genre | : Political Science |
| ISBN | : 0268102848 |
Beyond High Courts: The Justice Complex in Latin America is a much-needed volume that will make a significant contribution to the growing fields of comparative law and politics and Latin American legal institutions. The book moves these research agendas beyond the study of high courts by offering theoretically and conceptually rich empirical analyses of a set of critical supranational, national, and subnational justice sector institutions that are generally neglected in the literature. The chapters examine the region’s large federal systems (Argentina, Brazil, and Mexico), courts in Chile and Venezuela, and the main supranational tribunal in the region, the Inter-American Court of Human Rights. Aimed at students of comparative legal institutions while simultaneously offering lessons for practitioners charged with designing such institutions, the volume advances our understanding of the design of justice institutions, how their form and function change over time, what causes those changes, and what consequences they have. The volume also pays close attention to how justice institutions function as a system, exploring institutional interactions across branches and among levels of government (subnational, national, supranational) and analyzing how they help to shape, and are shaped by, politics and law. Incorporating the institutions examined in the volume into the literature on comparative legal institutions deepens our understanding of justice systems and how their component institutions can both bolster and compromise democracy and the rule of law. Contributors: Matthew C. Ingram, Diana Kapiszewski, Azul A. Aguiar-Aguilar, Ernani Carvalho, Natália Leitão, Catalina Smulovitz, John Seth Alexander, Robert Nyenhuis, Sídia Maria Porto Lima, José Mário Wanderley Gomes Neto, Danilo Pacheco Fernandes, Louis Dantas de Andrade, Mary L. Volcansek, and Martin Shapiro.
| Author | : Helga Baitenmann |
| Publisher | : U of Nebraska Press |
| Total Pages | : 404 |
| Release | : 2020-05-01 |
| Genre | : History |
| ISBN | : 1496220005 |
After the fall of the Porfirio Díaz regime, pueblo representatives sent hundreds of petitions to Pres. Francisco I. Madero, demanding that the executive branch of government assume the judiciary's control over their unresolved lawsuits against landowners, local bosses, and other villages. The Madero administration tried to use existing laws to settle land conflicts but always stopped short of invading judicial authority. In contrast, the two main agrarian reform programs undertaken in revolutionary Mexico--those implemented by Emiliano Zapata and Venustiano Carranza--subordinated the judiciary to the executive branch and thereby reshaped the postrevolutionary state with the support of villagers, who actively sided with one branch of government over another. In Matters of Justice Helga Baitenmann offers the first detailed account of the Zapatista and Carrancista agrarian reform programs as they were implemented in practice at the local level and then reconfigured in response to unanticipated inter- and intravillage conflicts. Ultimately, the Zapatista land reform, which sought to redistribute land throughout the country, remained an unfulfilled utopia. In contrast, Carrancista laws, intended to resolve quickly an urgent problem in a time of war, had lasting effects on the legal rights of millions of land beneficiaries and accidentally became the pillar of a program that redistributed about half the national territory.
| Author | : Ezequiel A. Gonzalez-Ocantos |
| Publisher | : Cambridge University Press |
| Total Pages | : 75 |
| Release | : 2020-02-06 |
| Genre | : Political Science |
| ISBN | : 9781108799089 |
How has Latin America pioneered the field of transitional justice (TJ)? Do approaches vary across the region? This Element describes Latin American innovations in trials and truth commissions, and evaluates two influential models that explain variation in TJ outcomes: the Huntingtonian and Justice Cascade approaches. It argues that scholars should complement these approaches with one that recognizes the importance of state capacity building and institutional change. To translate domestic/international political pressure and human rights norms into outcomes, states must develop 'TJ capabilities'. Not only should states be willing to pursue these highly complex policies, they must also develop competent bureaucracies.
| Author | : Linn A. Hammergren |
| Publisher | : Westview Press |
| Total Pages | : 362 |
| Release | : 1998 |
| Genre | : History |
| ISBN | : |
The Politics of Justice and Justice Reform in Latin America offers an introduction to the traditional roles and operations of Latin American justice systems and the origins, objectives, and potential of contemporary reform efforts. Its detailed focus on the Peruvian experience is complemented by shorter case studies on Colombia, El Salvador, and Costa Rica and comparative examples from numerous other countries. It views justice reform as both a technical and political process, demonstrating how evolving understandings in both areas have increased conflicts over the limits and direction of future change.
| Author | : Martha Knisely Huggins |
| Publisher | : |
| Total Pages | : 276 |
| Release | : 1998 |
| Genre | : Political Science |
| ISBN | : |
Reconstructing eighty years of history, Political Policing examines the nature and consequences of U.S. police training in Brazil and other Latin American countries. With data from a wide range of primary sources, including previously classified U.S. and Brazilian government documents, Martha K. Huggins uncovers how U.S. strategies to gain political control through police assistance--in the name of hemispheric and national security--has spawned torture, murder, and death squads in Latin America. After a historical review of policing in the United States and Europe over the past century, Huggins reveals how the United States, in order to protect and strengthen its position in the world system, has used police assistance to establish intelligence and other social control infrastructures in foreign countries. The U.S.-encouraged centralization of Latin American internal security systems, Huggins claims, has led to the militarization of the police and, in turn, to an increase in state-sanctioned violence. Furthermore, Political Policing shows how a domestic police force--when trained by another government--can lose its power over legitimate crime as it becomes a tool for the international interests of the nation that trains it. Pointing to U.S. responsibility for violations of human rights by foreign security forces, Political Policing will provoke discussion among those interested in international relations, criminal justice, human rights, and the sociology of policing.
| Author | : Gretchen Helmke |
| Publisher | : Cambridge University Press |
| Total Pages | : 353 |
| Release | : 2011-01-17 |
| Genre | : Political Science |
| ISBN | : 1139497162 |
To what extent do courts in Latin America protect individual rights and limit governments? This volume answers these fundamental questions by bringing together today's leading scholars of judicial politics. Drawing on examples from Argentina, Brazil, Chile, Mexico, Colombia, Costa Rica and Bolivia, the authors demonstrate that there is widespread variation in the performance of Latin America's constitutional courts. In accounting for this variation, the contributors push forward ongoing debates about what motivates judges; whether institutions, partisan politics and public support shape inter-branch relations; and the importance of judicial attitudes and legal culture. The authors deploy a range of methods, including qualitative case studies, paired country comparisons, statistical analysis and game theory.
| Author | : Elin Skaar |
| Publisher | : Routledge |
| Total Pages | : 353 |
| Release | : 2016-10-27 |
| Genre | : Law |
| ISBN | : 1317526201 |
This book addresses current developments in transitional justice in Latin America – effectively the first region to undergo concentrated transitional justice experiences in modern times. Using a comparative approach, it examines trajectories in truth, justice, reparations, and amnesties in countries emerging from periods of massive violations of human rights and humanitarian law. The book examines the cases of Argentina, Brazil, Chile, Colombia, Guatemala, El Salvador, Paraguay, Peru and Uruguay, developing and applying a common analytical framework to provide a systematic, qualitative and comparative analysis of their transitional justice experiences. More specifically, the book investigates to what extent there has been a shift from impunity towards accountability for past human rights violations in Latin America. Using ‘thick’, but structured, narratives – which allow patterns to emerge, rather than being imposed – the book assesses how the quality, timing and sequencing of transitional justice mechanisms, along with the context in which they appear, have mattered for the nature and impact of transitional justice processes in the region. Offering a new approach to assessing transitional justice, and challenging many assumptions in the established literature, this book will be of enormous benefit to scholars and others working in this area.
| Author | : Marcelo Bergman |
| Publisher | : Cambridge University Press |
| Total Pages | : 279 |
| Release | : 2021-03-11 |
| Genre | : Law |
| ISBN | : 1108487882 |
Rather than reducing criminality, prisons in Latin America drive crime by creating the conditions for its growth.
