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Author: Jan Boesten
Publisher: Taylor & Francis
ISBN: 1000577791
Category : Law
Languages : en
Pages : 275
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Book Description
This book explains the growing empowerment of the Colombian Constitutional Court in the early years of the 21st century and develops the concept of the deliberative judge. Taking the case of the Colombian Constitutional Court and drawing on neoinstitutional theory to explain the relationship between political crisis and institutional reforms, the book challenges the notion of rational choice institutionalism that agents act strategically. It indicates the limits of path dependence and argues instead that discursive institutionalism is the most appropriate method for analyzing processes of institutional learning. Combining theoretical and empirical research, it builds the argument that judicial independence promotes the case for deliberative democracy over rational choice or strategic action approaches. Finally, the book suggests that by introducing communicative and cognitive variables in our understanding of key actors and processes, we are more capable of bridging institutional origin and legacy. The work will be a valuable resource for academics, researchers, and policy-makers in Constitutional Law, Constitutional Politics, and Constitutional History.
Author: Jan Boesten
Publisher: Taylor & Francis
ISBN: 1000577791
Category : Law
Languages : en
Pages : 275
Get Book Here
Book Description
This book explains the growing empowerment of the Colombian Constitutional Court in the early years of the 21st century and develops the concept of the deliberative judge. Taking the case of the Colombian Constitutional Court and drawing on neoinstitutional theory to explain the relationship between political crisis and institutional reforms, the book challenges the notion of rational choice institutionalism that agents act strategically. It indicates the limits of path dependence and argues instead that discursive institutionalism is the most appropriate method for analyzing processes of institutional learning. Combining theoretical and empirical research, it builds the argument that judicial independence promotes the case for deliberative democracy over rational choice or strategic action approaches. Finally, the book suggests that by introducing communicative and cognitive variables in our understanding of key actors and processes, we are more capable of bridging institutional origin and legacy. The work will be a valuable resource for academics, researchers, and policy-makers in Constitutional Law, Constitutional Politics, and Constitutional History.
Author: Beáta Bakó
Publisher: Taylor & Francis
ISBN: 1000814319
Category : Law
Languages : en
Pages : 243
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Book Description
The national-conservative government of Hungary has been heavily criticised for its violation of EU values, primarily, the rule of law in recent years. This book looks to the bigger picture in examining the rule-of-law debate between Hungary and the EU. It explores how certain elements of various Hungarian constitutional reforms are interrelated and how the EU has failed to address the situation properly. It is argued here that the reason the EU has been unable to enforce its values effectively in Hungary stems from the misunderstanding that Hungary kept the institutional design of liberal democracy but made it dysfunctional. The debate with the EU is characterised as a dialogue of the deaf as the EU insists on advancing the rule-of-law agenda, while the Hungarian government defends itself by alluding to its democratic legitimacy. The author contents that the Hungarian government is in fact playing a charade, while the actions of the EU maintain this drama. The book will be of interest to students, academics, and policymakers working in the areas of constitutional law and politics, EU law, and populism.
Author: Mariana Llanos
Publisher: Taylor & Francis
ISBN: 1000904369
Category : Political Science
Languages : en
Pages : 230
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Book Description
The Open Access version of this book, available at http://www.tandfebooks.com/doi/view/10.4324/9781003324249, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license. This book accounts for and analyses the latest developments in Latin American presidential democracies, with a special focus on political institutions. The stellar line-up of renowned scholars of Latin American politics and institutions from Latin America, Europe, and the United States offer new insights into how democratic institutions have operated within the critical context that marked the political and social life of the region in the last few years: the eruption of popular protest and discontent, the widespread distrust of political institutions, and, of course, the COVID-19 pandemic. Combining different methodological approaches, including cross-national studies, small-N studies, case studies, and quantitative and qualitative data, the contributions cluster around three themes: the problem with fixed terms and other features of presidentialism, inter-institutional relations and executive accountability, and old and new threats to democracy in these times of turmoil. The volume concludes with an assessment of the political consequences of the COVID-19 pandemic in Latin America. Beyond current scholars and students of comparative political scientists, Latin America in Times of Turbulence will be of great interest to a wide spectrum of readers interested in comparative systems of government, democracy studies, and Latin American politics more generally.
Author: Paul Babie
Publisher: Springer Nature
ISBN: 981137189X
Category : Law
Languages : en
Pages : 423
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Book Description
This book demonstrates the importance of Léon Duguit for property theory in both the civil and common law world. It translates into English for the first time ever Duguit’s seminal lecture on property, the sixth of a series given in 1911 in Buenos Aires. It also collects essays from the leading experts on the social function of property in major civil and common law jurisdictions internationally. The book explores the importance that the notion of the social function of property has come to have not only in France but in the entire civil law tradition, and also considers the wide – if un-attributed and seldom regarded – influence in the common law tradition and theory of property.
Author: Alejandro Linares Cantillo
Publisher:
ISBN: 019289675X
Category :
Languages : en
Pages : 497
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Book Description
This compilation of twenty essays gathers some of the most prominent authors in constitutionalism and legal theory to critically examine classical debates, such as the role of judicial review in a democracy, the enforcement of socio-economic rights, the doctrine of unconstitutional amendments, and the theory of transitional justice.
Author: OECD
Publisher: OECD Publishing
ISBN: 9264167749
Category :
Languages : en
Pages : 152
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Book Description
This Investment Policy Review examines Colombia's achievements in developing an open and transparent investment regime and its efforts to reduce restrictions on international investment.
Author: Manuel José Cepeda Espinosa
Publisher: Oxford University Press
ISBN: 0190640383
Category : Law
Languages : en
Pages : 449
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Book Description
This book provides in English the case law of the Colombian Constitutional Court, which has become one of the most creative and important courts of the global south and the world since its creation in 1991. It offers concise and carefully chosen extracts of the Court's most important cases, along with notes and introductory materials to place them in historical and comparative context. The book covers the Court's landmark rights jurisprudence, including the decriminalization of drug possession, the legalization of same-sex marriage, the protection of social rights through broad structural orders such as the ones covering internally displaced persons and the right to health. It also covers the protection of the rights of indigenous peoples to cultural autonomy and to be consulted before economic projects are undertaken on their land, and the rights of victims of the country's long-running internal armed conflict to truth, justice, and reparations. Also provided are the Court's most noteworthy structural cases, particularly its successful attempt to limit the use of states of exception and its substitution of the constitution doctrine, which allows it to strike down amendments that replace rather than amending core principles of the existing constitutional order. The materials focus on the Court's contributions in a comparative perspective, showing how they are exemplary of a range of problems faced by courts around the world and particularly as an example of aggressive judicial review by the courts of the global south. At the same time, they demonstrate how many of the Court's key cases - such as the judicial review of the peace process with guerrilla groups or the striking down of an amendment to allow a popular president to seek a third term - are reactions to the historical features of the Colombian legal and social landscape.
Author: Chris Thornhill
Publisher: Cambridge University Press
ISBN: 1107199905
Category : Law
Languages : en
Pages : 599
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Book Description
Provides a new legal-sociological theory of democracy, reflecting the impact of global law on national political institutions. This title is also available as Open Access.
Author: Jari Eloranta
Publisher: Springer
ISBN: 9811016054
Category : Business & Economics
Languages : en
Pages : 298
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Book Description
This edited volume represents the latest research on intersections of war, state formation, and political economy, i.e., how conflicts have affected short- and long-run development of economies and the formation (or destruction) of states and their political economies. The contributors come from different fields of social and human sciencies, all featuring an interdisciplinary approach to the study of societal development. The types of big issues analyzed in this volume include the formation of European and non-European states in the early modern and modern period, the emergence of various forms of states and eventually modern democracies with extensive welfare states, the violent upheavals that influenced these processes, the persistence of dictatorships and non-democratic forms of government, and the arrival of total war and its consequences, especially in the context of twentieth-century world wars. One of the key themes is the dichotomy between democracies and dictatorships; namely, what were the origins of their emergence and evolution, why did some revolutions succeed and other fail, and why did democracies, on the whole, emerge victorious in the twentieth-century age of total wars? The contributions in this book are written with academic and non-academic audiences in mind, and both will find the broad themes discussed in this volume intuitive and useful.
Author: Peer Zumbansen
Publisher: Oxford University Press
ISBN: 0197547419
Category : Law
Languages : en
Pages : 1246
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Book Description
A comprehensive compendium for the field of transnational law by providing a treatment and presentation in an area that has become one of the most intriguing and innovative developments in legal doctrine, scholarship, theory, as well as practice today. With a considerable contribution from and engagement with social sciences, it features numerous reflections on the relationship between transnational law and legal practice.
