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Judges beyond Politics in Democracy and Dictatorship

Judges beyond Politics in Democracy and Dictatorship Author Lisa Hilbink
ISBN-10 9781139466813
Release 2007-07-23
Pages
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Why did formerly independent Chilean judges, trained under and appointed by democratic governments, facilitate and condone the illiberal, antidemocratic, and anti-legal policies of the Pinochet regime? Challenging the assumption that adjudication in non-democratic settings is fundamentally different and less puzzling than it is in democratic regimes, this 2007 book offers a longitudinal analysis of judicial behavior, demonstrating striking continuity in judicial performance across regimes in Chile. The work explores the relevance of judges' personal policy preferences, social class, and legal philosophy, but argues that institutional factors best explain the persistent failure of judges to take stands in defense of rights and rule of law principles. Specifically, the institutional structure and ideology of the Chilean judiciary, grounded in the ideal of judicial apoliticism, furnished judges with professional understandings and incentives that left them unequipped and disinclined to take stands in defense of liberal democratic principles, before, during, and after the authoritarian interlude.



The Achilles Heel of Democracy

The Achilles Heel of Democracy Author Rachel E. Bowen
ISBN-10 9781316834121
Release 2017-06-26
Pages
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Featuring the first in-depth comparison of the judicial politics of five under-studied Central American countries, The Achilles Heel of Democracy offers a novel typology of 'judicial regime types' based on the political independence and societal autonomy of the judiciary. This book highlights the under-theorized influences on the justice system - criminals, activists, and other societal actors, and the ways that they intersect with more overtly political influences. Grounded in interviews with judges, lawyers, and activists, it presents the 'high politics' of constitutional conflicts in the context of national political conflicts as well as the 'low politics' of crime control and the operations of trial-level courts. The book begins in the violent and often authoritarian 1980s in Guatemala, El Salvador, Honduras, and Nicaragua, and spans through the tumultuous 2015 'Guatemalan Spring'; the evolution of Costa Rica's robust liberal judicial regime is traced from the 1950s.



Routledge Handbook of Latin American Politics

Routledge Handbook of Latin American Politics Author Peter Kingstone
ISBN-10 9781135280307
Release 2014-06-20
Pages 632
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Latin America has been one of the critical areas in the study of comparative politics. The region’s experiments with installing and deepening democracy and promoting alternative modes of economic development have generated intriguing and enduring empirical puzzles. In turn, Latin America’s challenges continue to spawn original and vital work on central questions in comparative politics: about the origins of democracy; about the relationship between state and society; about the nature of citizenship; about the balance between state and market. The richness and diversity of the study of Latin American politics makes it hard to stay abreast of the developments in the many sub-literatures of the field. The Routledge Handbook of Latin American Politics offers an intellectually rigorous overview of the state of the field and a thoughtful guide to the direction of future scholarship. Kingstone and Yashar bring together the leading figures in the study of Latin America to present extensive empirical coverage, new original research, and a cutting-edge examination of the central areas of inquiry in the region.



Global Lawmakers

Global Lawmakers Author Susan Block-Lieb
ISBN-10 9781316947289
Release 2017-10-31
Pages
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Global lawmaking by international organizations holds the potential for enormous influence over world trade and national economies. Representatives from states, industries, and professions produce laws for worldwide adoption in an effort to alter state lawmaking and commercial behaviors, whether of giant multi-national corporations or micro, small and medium-sized businesses. Who makes that law and who benefits affects all states and all market players. Global Lawmakers offers the first extensive empirical study of commercial lawmaking within the United Nations. It shows who makes law for the world, how they make it, and who comes out ahead. Using extensive and unique data, the book investigates three episodes of lawmaking between the late 1990s and 2012. Through its original socio-legal orientation, it reveals dynamics of competition, cooperation and competitive cooperation within and between international organizations, including the UN, World Bank, IMF and UNIDROIT, as these IOs craft international laws. Global Lawmakers proposes an original theory of international organizations that seek to construct transnational legal orders within social ecologies of lawmaking. The book concludes with an appraisal of creative global governance by the UN in international commerce over the past fifty years and examines prospective challenges for the twenty-first century.



International Legal Materials

International Legal Materials Author
ISBN-10 UCSD:31822036703916
Release 2007-05
Pages
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International Legal Materials has been writing in one form or another for most of life. You can find so many inspiration from International Legal Materials also informative, and entertaining. Click DOWNLOAD or Read Online button to get full International Legal Materials book for free.



Latin American Research Review

Latin American Research Review Author
ISBN-10 UTEXAS:059173022385989
Release 2007
Pages
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Latin American Research Review has been writing in one form or another for most of life. You can find so many inspiration from Latin American Research Review also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Latin American Research Review book for free.



Transitional Justice

Transitional Justice Author Ruti G. Teitel
ISBN-10 9780199882243
Release 2002-03-28
Pages 404
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At the century's end, societies all over the world are throwing off the yoke of authoritarian rule and beginning to build democracies. At any such time of radical change, the question arises: should a society punish its ancien regime or let bygones be bygones? Transitional Justice takes this question to a new level with an interdisciplinary approach that challenges the very terms of the contemporary debate. Ruti Teitel explores the recurring dilemma of how regimes should respond to evil rule, arguing against the prevailing view favoring punishment, yet contending that the law nevertheless plays a profound role in periods of radical change. Pursuing a comparative and historical approach, she presents a compelling analysis of constitutional, legislative, and administrative responses to injustice following political upheaval. She proposes a new normative conception of justice--one that is highly politicized--offering glimmerings of the rule of law that, in her view, have become symbols of liberal transition. Its challenge to the prevailing assumptions about transitional periods makes this timely and provocative book essential reading for policymakers and scholars of revolution and new democracies.



Current Publications in Legal and Related Fields

Current Publications in Legal and Related Fields Author
ISBN-10 STANFORD:36105064217131
Release 2008
Pages
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Current Publications in Legal and Related Fields has been writing in one form or another for most of life. You can find so many inspiration from Current Publications in Legal and Related Fields also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Current Publications in Legal and Related Fields book for free.



Perils of Judicial Self Government in Transitional Societies

Perils of Judicial Self Government in Transitional Societies Author David Kosař
ISBN-10 9781316531297
Release 2016-04-01
Pages 470
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Judicial councils and other judicial self-government bodies have become a worldwide phenomenon. Democracies are increasingly turning to them to insulate the judiciary from the daily politics, enhance independence and ensure judicial accountability. This book investigates the different forms of accountability and the taxonomy of mechanisms of control to determine a best practice methodology. The author expertly provides a meticulous analysis, using over 800 case studies from the Czech and Slovak disciplinary courts from 1993 to 2010 and creates a systematic framework that can be applied to future cases.



Embedded Courts

Embedded Courts Author Kwai Hang Ng
ISBN-10 9781108420495
Release 2017-10-26
Pages
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A study of the decision-making process of Chinese courts and the non-legal forces and regional factors that influence judicial outcomes.



The Alchemists

The Alchemists Author Tom Gerald Daly
ISBN-10 9781108287197
Release 2017-11-02
Pages
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Can courts really build democracy in a state emerging from authoritarian rule? This book presents a searching critique of the contemporary global model of democracy-building for post-authoritarian states, arguing that it places excessive reliance on courts. Since 1945, both constitutional courts and international human rights courts have been increasingly perceived as alchemists, capable of transmuting the base materials of a nascent democracy into the gold of a functioning democratic system. By charting the development of this model, and critically analysing the evidence and claims for courts as democracy-builders, this book argues that the decades-long trend toward ever greater reliance on courts is based as much on faith as fact, and can often be counter-productive. Offering a sustained corrective to unrealistic perceptions of courts as democracy-builders, the book points the way toward a much needed rethinking of democracy-building models and a re-evaluation of how we employ courts in this role.



Shifting Legal Visions

Shifting Legal Visions Author Ezequiel A. González-Ocantos
ISBN-10 9781107145238
Release 2016-08-18
Pages 342
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An in-depth study of processes of judicial transformation that enabled the success of human rights trials in Latin America.



The construction of judicial power in a federal system

The construction of judicial power in a federal system Author Cristina Marie Ruggiero
ISBN-10 WISC:89103208070
Release 2008
Pages 403
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The construction of judicial power in a federal system has been writing in one form or another for most of life. You can find so many inspiration from The construction of judicial power in a federal system also informative, and entertaining. Click DOWNLOAD or Read Online button to get full The construction of judicial power in a federal system book for free.



From Dictatorship to Democracy

From Dictatorship to Democracy Author Gene Sharp
ISBN-10 9781880813096
Release 2010
Pages 93
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A serious introduction to the use of nonviolent action to topple dictatorships. Based on the author's study, over a period of forty years, on non-violent methods of demonstration, it was originally published in 1993 in Thailand for distribution among Burmese dissidents.



Judging Policy

Judging Policy Author Matthew Taylor
ISBN-10 STANFORD:36105126931505
Release 2008-02-26
Pages 245
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Courts, like other government institutions, shape public policy. But how are courts drawn into the policy process, and how are patterns of policy debate shaped by the institutional structure of the courts? Drawing on the experience of the Brazilian federal courts since the transition to democracy, Judging Policy examines the judiciary's role in public policy debates. During a period of energetic policy reform, the high salience of many policies, combined with the conducive institutional structure of the judiciary, ensured that Brazilian courts would become an important institution at the heart of the policy process. The Brazilian case thus challenges the notion that Latin America's courts have been uniformly pliant or ineffectual, with little impact on politics and policy outcomes. Judging Policy also inserts the judiciary into the scholarly debate regarding the extent of presidential control of the policy process in Latin America's largest nation. By analyzing the full Brazilian federal court system—including not only the high court, but also trial and appellate courts—the book develops a framework with cross-national implications for understanding how courts may influence policy actors' political strategies and the distribution of power within political systems.



Fighting for Political Freedom

Fighting for Political Freedom Author Terence C Halliday
ISBN-10 9781847314024
Release 2007-12-20
Pages 520
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Across the world political liberalism is being fought for, consolidated and defended. That is the case for nations that have never enjoyed a liberal political society, for nations that have advanced towards and then retreated from political liberalism, for nations that have recently shifted from authoritarian to liberal political systems, and for mature democracies facing terrorism and domestic conflict. This book tests for the contemporary world the proposition that lawyers are active agents in the construction of liberal political regimes. It examines the efficacy of a framework that postulates that legal professions not only orient themselves to a market for their services but can frequently be seen in the forefront of actors seeking to institutionalise political liberalism. On the basis of some 16 case studies from across the world, the authors present a theoretical link between lawyers and political liberalism having wide-ranging application over radically diverse situations in Asia and the Middle East, North and South America, and Europe. They argue that it is not the politics of lawyers alone but the politics of a 'legal complex' of legally trained occupations, centred on lawyers and judges, that drives advances or retreats from political liberalism, that political liberalism itself is everywhere in play, in countries with established democracies and those without liberal politics and that it is now clear that the legal arena is a central field of struggle over the shape of political power. The case studies presented here provide powerful evidence that the nexus of bar and bench in transitions towards or away from political liberalism is a force which has universal application.



Political Order in Changing Societies

Political Order in Changing Societies Author Samuel P. Huntington
ISBN-10 0300116209
Release 2006
Pages 488
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This now classic examination of the development of viable political institutions in emerging nations is an enduring contribution to modern political analysis. The foreword by Fukuyama assesses Huntingdon's achievement.