Author: Lisa Hilbink
Publisher: Cambridge University Press
ISBN: 113946681X
Category : Law
Languages : en
Pages : 13
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Book Description
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: 9780511296772
Category : LAW
Languages : en
Pages : 317
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Book Description
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: Ana Belén Benito Sánchez
Publisher:
ISBN:
Category :
Languages : es
Pages : 0
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Book Description
Author: Austin Sarat
Publisher: Emerald Group Publishing
ISBN: 1839822783
Category : Law
Languages : en
Pages : 176
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Book Description
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: Peter Kingstone
Publisher: Routledge
ISBN: 1135280304
Category : Business & Economics
Languages : en
Pages : 623
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Book Description
The Routeldge Handbook of Latin American Politics brings together the leading figures in the study of Latin America to present extensive empirical coverage and a cutting-edge examination of the central areas of inquiry in the region.
Author: Michael P. Fix
Publisher: Edward Elgar Publishing
ISBN: 1035309327
Category : Law
Languages : en
Pages : 497
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Book Description
This timely Research Handbook offers a comprehensive examination of judicial politics, both in the US and across the globe. Taking a broad view of the judiciary in all levels of the court, it examines the present state of the field and raises new questions for future scholarly exploration.
Author: Mark Tushnet
Publisher: Edward Elgar Publishing
ISBN: 1839101644
Category : Law
Languages : en
Pages : 777
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Book Description
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: Rachel E. Bowen
Publisher: Cambridge University Press
ISBN: 1316834123
Category : Law
Languages : en
Pages : 303
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Book Description
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: Rachel Sieder
Publisher: Routledge
ISBN: 1317291271
Category : Political Science
Languages : en
Pages : 1037
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Book Description
An understanding of law and its efficacy in Latin America demands concepts distinct from the hegemonic notions of "rule of law" which have dominated debates on law, politics and society, and that recognize the diversity of situations and contexts characterizing the region. The Routledge Handbook of Law and Society in Latin America presents cutting-edge analysis of the central theoretical and applied areas of enquiry in socio-legal studies in the region by leading figures in the study of law and society from Latin America, North America and Europe. Contributors argue that scholarship about Latin America has made vital contributions to longstanding and emerging theoretical and methodological debates on the relationship between law and society. Key topics examined include: The gap between law-on-the-books and law in action The implications of legal pluralism and legal globalization The legacies of experiences of transitional justice Emerging forms of socio-legal and political mobilization Debates concerning the relationship between the legal and the illegal. The Routledge Handbook of Law and Society in Latin America sets out new research agendas for cross-disciplinary socio-legal studies and will be of interest to those studying law, sociology of law, comparative Latin American politics, legal anthropology and development studies.
Author: Cesar Rodriguez Garavito
Publisher: Routledge
ISBN: 1136002480
Category : Law
Languages : en
Pages : 324
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Book Description
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.
