The Judiciary And Democratic Decay In Latin America
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The Judiciary And Democratic Decay In Latin America
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Author : William Prillaman
language : en
Publisher: Praeger
Release Date : 2000-04-30
The Judiciary And Democratic Decay In Latin America written by William Prillaman and has been published by Praeger this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-04-30 with Law categories.
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.
Transition To Democracy In Latin America
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Author : Irwin P Stotzky
language : en
Publisher: Routledge
Release Date : 2019-06-04
Transition To Democracy In Latin America written by Irwin P Stotzky and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-04 with Political Science categories.
The transition to democracy in Latin America encompasses adjustments in norms and institutions regarding the strictures of the rule of law. This book addresses the critical role of the judiciary in the transition. The contributors examine the significance of the independence of the judiciary, which ensures institutional integrity and freedom from p
Representation And Effectiveness In Latin American Democracies
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Author : Moira B. MacKinnon
language : en
Publisher: Routledge
Release Date : 2014-03-14
Representation And Effectiveness In Latin American Democracies written by Moira B. MacKinnon and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-03-14 with Political Science categories.
Legislatures, the judiciary and civil society are important actors in representative democracies. In what ways and how well do they represent? And how effectively do they carry out their institutional and social roles? Both questions refer to the key dimensions of democracy analyzed in this book: representativeness and effectiveness, respectively. While they have been developed separately in scholarly work on institutions and regimes, there is little work considering them simultaneously, and on their interaction. Using quantitative and/or qualitative methods, contributions from top scholars in the field of legislatures, the judiciary and civil society examine these two concepts and their relationships in four Latin American countries: Argentina, Brazil, Chile, and Mexico. Designed to guide the reader through the complexities of this debate, each expert engages in a larger set of theoretical debates about different approaches to representation in each sphere. In doing so, they debate how effectively these spheres carry out their roles in each country: whether a congress is institutionalized, its accountability, and its performance as a lawmaker; whether a judicial system is independent, carries out oversight, and protects citizen rights; and the role of civil society in a representative democracy. Representation and Effectiveness in Latin American Democracies is a timely and welcomed contribution to the to the growing debate about the quality of democracy in Latin America, and the developing world more generally.
The Unfinished Transition To Democracy In Latin America
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Author : Juan Carlos Calleros-Alarcón
language : en
Publisher:
Release Date : 2012
The Unfinished Transition To Democracy In Latin America written by Juan Carlos Calleros-Alarcón and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Democratization categories.
This book examines the political evolution of the judiciary - a usually overlooked political actor - and its capacity to contribute to the process of democratic consolidation in Latin America during the 1990s. Calleros analyzes twelve countries in order to assess the independence, impartiality, political strength and efficiency of the judicial branch. The picture that emerges - with the one exception of Costa Rica - is the persistence of weak judicial systems, unable in practice to check other branches of government, including the executive and the military, while not quite effective in fully protecting human rights or in implementing due process of law guarantees. Aggravating issues, such as corruption, heavy case backlogs, overcrowding of prisons, circumvention of laws and personal vulnerability of judges, make the judiciary the least evolved of the three branches of government in the Latin American transitions to democracy.
Elusive Reform
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Author : Mark Ungar
language : en
Publisher: Lynne Rienner Publishers
Release Date : 2002
Elusive Reform written by Mark Ungar and has been published by Lynne Rienner Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Law categories.
Democracy cannot exist, proclaims Ungar (political science, City U. of New York-Brooklyn College) without the rule of law, which he defines as comprising an independent effective judiciary, state accountability to the law, and citizen accessibility to conflict-resolution mechanisms. He looks to Latin American countries to illustrate how stable democracies are undermined by executive power and judicial disarray that prevent the rule of law from taking hold. Annotation copyrighted by Book News, Inc., Portland, OR.
The Judicialization Of Politics In Latin America
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Author : Rachel Sieder
language : en
Publisher: Springer
Release Date : 2016-04-30
The Judicialization Of Politics In Latin America written by Rachel Sieder and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-30 with Social Science categories.
During the last two decades the judiciary has come to play an increasingly important political role in Latin America. Constitutional courts and supreme courts are more active in counterbalancing executive and legislative power than ever before. At the same time, the lack of effective citizenship rights has prompted ordinary people to press their claims and secure their rights through the courts. This collection of essays analyzes the diverse manifestations of the judicialization of politics in contemporary Latin America, assessing their positive and negative consequences for state-society relations, the rule of law, and democratic governance in the region. With individual chapters exploring Argentina, Brazil, Chile, Colombia, Costa Rica, Mexico, Peru and Venezuela, it advances a comparative framework for thinking about the nature of the judicialization of politics within contemporary Latin American democracies.
Democratization And The Judiciary
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Author : Roberto Gargarella
language : en
Publisher: Routledge
Release Date : 2004-03-01
Democratization And The Judiciary written by Roberto Gargarella and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-03-01 with Political Science categories.
This title examines the political role of courts in new democracies in Latin America and Africa, focusing on their ability to hold political power-holders accountable when they act outside their constitutionally defined powers. The book also issues a warning: there are problems inherent in the current global move towards strong constitutional government, where increasingly strong powers are placed in the hands of judges who themselves are not made accountable.
Judicial Reform In Latin America
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Author : Maria Dakolias
language : en
Publisher: Hoover Press
Release Date :
Judicial Reform In Latin America written by Maria Dakolias and has been published by Hoover Press this book supported file pdf, txt, epub, kindle and other format this book has been release on with Courts categories.
An essay on the need for a well functioning judiciary system in Latin America.
The Unfinished Transition To Democracy In Latin America
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Author : Juan Carlos Calleros-Alarcón
language : en
Publisher: Routledge
Release Date : 2008-11-20
The Unfinished Transition To Democracy In Latin America written by Juan Carlos Calleros-Alarcón and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-11-20 with Political Science categories.
This book examines the political evolution of the judiciary – a usually overlooked political actor – and its capacity to contribute to the process of democratic consolidation in Latin America during the 1990s. Calleros analyzes twelve countries in order to assess the independence, impartiality, political strength and efficiency of the judicial branch. The picture that emerges – with the one exception of Costa Rica – is the persistence of weak judicial systems, unable in practice to check other branches of government, including the executive and the military, while not quite effective in fully protecting human rights or in implementing due process of law guarantees. Aggravating issues, such as corruption, heavy case backlogs, overcrowding of prisons, circumvention of laws and personal vulnerability of judges, make the judiciary the least evolved of the three branches of government in the Latin American transitions to democracy.
Courts In Latin America
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Author : Gretchen Helmke
language : en
Publisher: Cambridge University Press
Release Date : 2011-01-17
Courts In Latin America written by Gretchen Helmke and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-17 with Political Science categories.
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.