Judges Beyond Politics In Democracy And Dictatorship Lessons From Chile Cambridge Studies In Law And Society

Author : Lisa Hilbink
Publisher : Cambridge University Press
ISBN 13 : 113946681X
Total Pages : 13 pages
Book Rating : 4.13/5 ( download)

DOWNLOAD NOW!

Download or read book Judges beyond Politics in Democracy and Dictatorship written by Lisa Hilbink and published by Cambridge University Press. This book was released on 2007-07-23 with total page 13 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 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.

Author : Lisa Hilbink
Publisher :
ISBN 13 : 9780511296772
Total Pages : 317 pages
Book Rating : 4.70/5 ( download)

DOWNLOAD NOW!

Download or read book Judges Beyond Politics in Democracy and Dictatorship: Lessons from Chile. Cambridge Studies in Law and Society. written by Lisa Hilbink and published by . This book was released on 2014-05-14 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why did formally 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 common assumption that adjudication in non-democratic settings is fundamentally different and less puzzling than it is in democratic regimes, this 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 takes 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.

Author : Rachel E. Bowen
Publisher : Cambridge University Press
ISBN 13 : 1316834123
Total Pages : 303 pages
Book Rating : 4.21/5 ( download)

DOWNLOAD NOW!

Download or read book The Achilles Heel of Democracy written by Rachel E. Bowen and published by Cambridge University Press. This book was released on 2017-06-26 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Peter Kingstone
Publisher : Routledge
ISBN 13 : 1135280304
Total Pages : 623 pages
Book Rating : 4.07/5 ( download)

DOWNLOAD NOW!

Download or read book Routledge Handbook of Latin American Politics written by Peter Kingstone and published by Routledge. This book was released on 2013-03-05 with total page 623 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Austin Sarat
Publisher : Emerald Group Publishing
ISBN 13 : 1839822783
Total Pages : 176 pages
Book Rating : 4.80/5 ( download)

DOWNLOAD NOW!

Download or read book Studies in Law, Politics, and Society written by Austin Sarat and published by Emerald Group Publishing. This book was released on 2020-05-04 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume of Studies in Law, Politics and Society brings together an international and interdisciplinary array of scholars to explore issues on the cutting edge of socio-legal research.

Author : Mark Tushnet
Publisher : Edward Elgar Publishing
ISBN 13 : 1839101644
Total Pages : 777 pages
Book Rating : 4.49/5 ( download)

DOWNLOAD NOW!

Download or read book Research Handbook on the Politics of Constitutional Law written by Mark Tushnet and published by Edward Elgar Publishing. This book was released on 2023-11-03 with total page 777 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Research Handbook deals with the politics of constitutional law around the world, using both comparative and political analysis, delivering global treatment of the politics of constitutional law across issues, regions and legal systems. Offering an innovative, critical approach to an array of key concepts and topics, this book will be a key resource for legal scholars and political science scholars. Students with interests in law and politics, constitutions, legal theory and public policy will also find this a beneficial companion.

Author : Janice K. Gallagher
Publisher : Oxford University Press
ISBN 13 : 0197649971
Total Pages : 305 pages
Book Rating : 4.78/5 ( download)

DOWNLOAD NOW!

Download or read book Bootstrap Justice written by Janice K. Gallagher and published by Oxford University Press. This book was released on 2022 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 2006, more than 85,000 people have disappeared in Mexico. These disappearances remain largely unsolved: disappeared people are rarely found, and the Mexican state almost never investigates or prosecutes those responsible. Despite this, people not only continue to report disappearances, but many devote their lives to answering the question, "where are they?" Given the risks and institutional barriers, why and how do people mobilize for justice in states with rampant impunity and weak rule of law? In Bootstrap Justice, Janice Gallagher leverages over a decade of ethnographic research to explain what enables the sustained mobilization of family members of the disappeared and analyze how configurations of political power between state and criminal actors shape what is possible for them to achieve. She follows three families from before the disappearance of their loved ones through their transformations into sophisticated and strategic victim advocates and activists. Gallagher supplements these individual narratives with an analysis of the evolving political opportunities for mobilization within Mexico. By centering the perspectives of people whose lives have been upended by the disappearance of their loved ones, Bootstrap Justice offers a unique window into how citizens respond to weak and corrupt institutions. Gallagher focuses on the overlooked role of informal relationships and dynamics in shaping substantive legal and human rights outcomes and highlights how pioneering independent and creative work-arounds can compensate for state inaction. While top-down efforts, such as judicial reforms, technical assistance, and changes in political leadership are important parts of addressing impunity, policymakers and scholars alike have much to learn from the bottom-up--and by following the path that citizens themselves have worn within the labyrinth of state judicial bureaucracies.

Author : Nick Cheesman
Publisher : Institute of Southeast Asian Studies
ISBN 13 : 9814311472
Total Pages : 370 pages
Book Rating : 4.72/5 ( download)

DOWNLOAD NOW!

Download or read book Ruling Myanmar written by Nick Cheesman and published by Institute of Southeast Asian Studies. This book was released on 2010 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: November 2010 sees the first elections in Myanmar/Burma since 1990, to be held as the culmination of the military regime's 'Road Map for Democracy' The conditions under which the elections are being held are far from favourable, although the laws and procedures under which they will be conducted have been in place for seven months and quite widely publicized. Political controls remain repressive, freedom of expression and assembly does not exist, and international access is restricted by government controls as well as sanctions. While the elections represent a turning point for Myanmar/Burma, the lead-up period has not been marked by many notable improvements in the way the country is governed or in the reforming impact of international assistance programmes. Presenters at the Australian National University 2009 Myanmar/Burma Update conference examined these questions and more. Leading experts from the United States, Japan, France, and Australia as well as from Myanmar/Burma have conributed to this collection of papers from the Conference.

Author : Cesar Rodriguez Garavito
Publisher : Routledge
ISBN 13 : 1136002480
Total Pages : 324 pages
Book Rating : 4.89/5 ( download)

DOWNLOAD NOW!

Download or read book Law and Society in Latin America written by Cesar Rodriguez Garavito and published by Routledge. This book was released on 2014-09-04 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past two decades, legal thought and practice in Latin America have changed dramatically: new constitutions or constitutional reforms have consolidated democratic rule, fundamental innovations have been introduced in state institutions, social movements have turned to law to advance their causes, and processes of globalization have had profound effects on legal norms and practices. Law and Society in Latin America: A New Map offers the first systematic assessment by leading Latin American socio-legal scholars of the momentous transformations in the region. Through an interdisciplinary and comparative lens, contributors analyze the central advances and dilemmas of contemporary Latin American law. Among them are pioneering jurisprudence and legal mobilization for the fulfillment of socioeconomic rights in a highly unequal region, the rise of multicultural constitutionalism and legal struggles around identity politics, the globalization of legal education and practice, tensions between developmental policies and environmental justice, and the emergence of a regional human rights system. These and other processes have not only radically altered the institutional landscape of the region, but also produced academic and practical innovations that are of global interest and defy conventional accounts of Latin American law inherited from law-and-development studies. Painting a portrait of the new Latin American legal thought for an international audience, Law and Society in Latin America: A New Map will be of particular interest to students of comparative law, legal mobilization, and Latin American politics.

Author : Ben Golder
Publisher : Routledge
ISBN 13 : 1317308077
Total Pages : 216 pages
Book Rating : 4.72/5 ( download)

DOWNLOAD NOW!

Download or read book The Politics of Legality in a Neoliberal Age written by Ben Golder and published by Routledge. This book was released on 2017-08-04 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume addresses the relationship between law and neoliberalism. Assembling work from established and emerging legal scholars, political theorists, philosophers, historians, and sociologists from around the world – including the Americas, Australia, Europe, and the United Kingdom – it addresses the conceptual, legal, and political relationships between liberal legality and neoliberal economics. More specifically, the book analyses the role that legality plays in the dominant economic force of our time, offering both a legal corrective to scholarship in economics and political economy that has paid insufficient attention to legal ideas, and, at the same time, a political economic corrective to legal scholarship that has only recently turned to theorizing neoliberalism. It will be of enormous interest to those working at the intersection of law and politics in our neoliberal age.