New Constitutionalism in Latin America

Author: Almut Schilling-Vacaflor
Publisher: Routledge
ISBN: 1317088638
Format: PDF, ePub, Mobi
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Latin America has a long tradition of constitutional reform. Since the democratic transitions of the 1980s, most countries have amended their constitutions at least once, and some have even undergone constitutional reform several times. The global phenomenon of a new constitutionalism, with enhanced rights provisions, finds expression in the region, but the new constitutions, such as those of Bolivia, Colombia, Ecuador and Venezuela, also have some peculiar characteristics which are discussed in this important book. Authors from a number of different disciplines offer a general overview of constitutional reforms in Latin America since 1990. They explore the historical, philosophical and doctrinal differences between traditional and new constitutionalism in Latin America and examine sources of inspiration. The book also covers sociopolitical settings, which factors and actors are relevant for the reform process, and analyzes the constitutional practices after reform, including the question of whether the recent constitutional reforms created new post-liberal democracies with an enhanced human and social rights record, or whether they primarily serve the ambitions of new political leaders.

Comparative Constitutional Law in Latin America

Author: Rosalind Dixon
Publisher: Edward Elgar Publishing
ISBN: 1785369210
Format: PDF, Docs
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This book provides unique insights into the practice of democratic constitutionalism in one of the world’s most legally and politically significant regions. It combines contributions from leading Latin American and global scholars to provide ‘bottom up’ and ‘top down’ insights about the lessons to be drawn from the distinctive constitutional experiences of countries in Latin America. In doing so, it also draws on a rich array of legal and interdisciplinary perspectives. Ultimately, it shows both the promise of democratic constitutions as a vehicle for social, economic and political change, and the variation in the actual constitutional experiences of different countries on the ground – or the limits to constitutions as a locus for broader social change.

Transformative Constitutionalism in Latin America

Author: Armin von Bogdandy
Publisher: Oxford University Press
ISBN: 0198795912
Format: PDF, ePub
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This ground-breaking collection of essays outlines and explains the unique development of Latin American jurisprudence. It introduces the idea of the Ius Constitutionale Commune en America Latina (ICCAL), an original Latin American path of transformative constitutionalism, to an Anglophone audience for the first time. It charts the key developments that have transformed the region and assesses the success of the constitutional projects that followed a period of authoritarian regimes in Latin America. Coined by scholars who have been documenting, conceptualizing, and comparing the development of Latin American public law for more than a decade, the term ICCAL encompasses themes that cross national borders and legal fields, taking in constitutional law, administrative law, general public international law, regional integration law, human rights, and investment law. Not only does this volume map the legal landscape, it also suggests measures to improve society via due legal process and a rights-based, supranational and regionally rooted constitutionalism. The editors contend that with the strengthening of democracy, the rule of law, and human rights, common problems such as the exclusion of wide sectors of the population from having a say in government, as well as corruption, hyper-presidentialism, and the weak normativity of the law can be combatted more effectively in future.

Latin American Constitutionalism 1810 2010

Author: Roberto Gargarella
Publisher: Oxford University Press
ISBN: 0199937966
Format: PDF, Kindle
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This study of 200 years of Latin American constitutionalism (1810-2010) both presents a description and a critical analysis of what Latin Americans did with their Constitutions during those years.

New Constitutionalism and World Order

Author: Stephen Gill
Publisher: Cambridge University Press
ISBN: 1107053692
Format: PDF, ePub
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This path-breaking collection analyses the dialectic between legal and constitutional innovations intended to inscribe corporate power and market disciplines in world order, and the potential for challenges and alternative frameworks of governance to emerge. It provides a comprehensive approach to neo-liberal constitutionalism and regulation and limits to policy autonomy of states, and how this disciplines populations according to the intensifying demands of corporations and market forces in global market civilization. Contributors examine global and local public policy challenges and consider if the ongoing crises of capitalism and world order offer states and societies opportunities to challenge this loss of policy autonomy and potentially to refashion world order. Integrating approaches to governance and world order from both leading and emerging scholars, this is an innovative, indispensable source for policy-makers, civil society organizations, professionals and students in law, politics, economics, sociology, philosophy and international relations.

Comparative Constitutional Law

Author: Tom Ginsburg
Publisher: Edward Elgar Publishing
ISBN: 0857931210
Format: PDF, ePub
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This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.

Social and Economic Rights in Theory and Practice

Author: Helena Alviar García
Publisher: Routledge
ISBN: 1317964438
Format: PDF, ePub
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Since World War II, a growing number of jurisdictions in both the developing and industrialized worlds have adopted progressive constitutions that guarantee social and economic rights (SER) in addition to political and civil rights. Parallel developments have occurred at transnational level with the adoption of treaties that commit signatory states to respect and fulfil SER for their peoples. This book is a product of the International Social and Economic Rights Project (iSERP), a global consortium of judges, lawyers, human rights advocates, and legal academics who critically examine the effectiveness of SER law in promoting real change in people’s lives. The book addresses a range of practical, political, and legal questions under these headings, with acute sensitivity to the racial, cultural, and gender implications of SER and the path-breaking SER jurisprudence now emerging in the "Global South". The book brings together internationally renowned experts in the field of social and economic rights to discuss a range of rights controversies from both theoretical and practical perspectives. Contributors of the book consider specific issues in the litigation and adjudication of SER cases from the differing standpoints of activists, lawyers, and adjudicators in order to identify and address the specific challenges facing the SER community. This book will be of great use and interest to students and scholars of comparative constitutional law, human rights, public international law, development studies, and democratic political theory.

The Oxford Handbook of Populism

Author: Cristobal Rovira Kaltwasser
Publisher: Oxford University Press
ISBN: 0198803567
Format: PDF, ePub, Docs
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Populist forces are becoming increasingly relevant across the world, and studies on populism have entered the mainstream of the political science discipline. However, so far no book has synthesized the ongoing debate on how to study the populist phenomenon. This handbook provides state of the art research and scholarship on populism, and lays out, not only the cumulated knowledge on populism, but also the ongoing discussions and research gaps on this topic. The Oxford Handbook of Populism is divided into four sections. The first presents the main conceptual approaches on populism and points out how the phenomenon in question can be empirically analyzed. The second focuses on populist forces across the world and includes chapters on Africa, Australia and New Zealand, Central and Eastern Europe, East Asia, India, Latin America, the Post-Soviet States, the United States, and Western Europe. The third reflects on the interaction between populism and various relevant issues both from a scholarly and political point of view. Amongst other issues, chapters analyze the relationship between populism and fascism, foreign policy, gender, nationalism, political parties, religion, social movements and technocracy. Finally, the fourth part includes some of the most recent normative debates on populism, including chapters on populism and cosmopolitanism, constitutionalism, hegemony, the history of popular sovereignty, the idea of the people, and socialism. The handbook features contributions from leading experts in the field, and is indispensible, positioning the study of populism in political science.

Beyond Constitutionalism

Author: Nico Krisch
Publisher: Oxford University Press, USA
ISBN: 0199228310
Format: PDF
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Globalisation has changed the law radically, but broader conceptualisations of law have been slow to respond. Where new paradigms have been developed, they have drawn on domestic models of order, such as constitutionalism. But usually these can neither account for developments in practice nor do they resonate well with the particular, diverse character of postnational society.This book proposes to conceive of the emerging new order as one of'postnational law' and to leave domestic paradigms behind in its theorisation. It argues that we should understand postnational law as 'pluralist', as made up of a multiplicity of sub-orders whose relationship is not settled by on overarching frame but remains legally underdetermined. And the book usestheoretical engagement as well as three case studies to suggest that such pluralism can be more than just an analytical prism - that it might indeed be a normatively appealing structural model.