Author: Andrea Castagnola
Publisher: Routledge
ISBN: 1315520605
Category : Political Science
Languages : en
Pages : 191
Book Description
After more than seventy years of uninterrupted authoritarian government headed by the Partido Revolucionario Institucional (PRI), Mexico formally began the transition to democracy in 2000. Unlike most other new democracies in Latin America, no special Constitutional Court was set up, nor was there any designated bench of the Supreme Court for constitutional adjudication. Instead, the judiciary saw its powers expand incrementally. Under this new context inevitable questions emerged: How have the justices interpreted the constitution? What is the relation of the court with the other political institutions? How much autonomy do justices display in their decisions? Has the court considered the necessary adjustments to face the challenges of democracy? It has become essential in studying the new role of the Supreme Court to obtain a more accurate and detailed diagnosis of the performances of its justices in this new political environment. Through critical review of relevant debates and using original data sets to empirically analyze the way justices voted on the three main means of constitutional control from 2000 through 2011, leading legal scholars provide a thoughtful and much needed new interpretation of the role the judiciary plays in a country’s transition to democracy This book is designed for graduate courses in law and courts, judicial politics, comparative judicial politics, Latin American institutions, and transitions to democracy. This book will equip scholars and students with the knowledge required to understand the importance of the independence of the judiciary in the transition to democracy.
Judicial Politics in Mexico
Author: Andrea Castagnola
Publisher: Routledge
ISBN: 1315520605
Category : Political Science
Languages : en
Pages : 191
Book Description
After more than seventy years of uninterrupted authoritarian government headed by the Partido Revolucionario Institucional (PRI), Mexico formally began the transition to democracy in 2000. Unlike most other new democracies in Latin America, no special Constitutional Court was set up, nor was there any designated bench of the Supreme Court for constitutional adjudication. Instead, the judiciary saw its powers expand incrementally. Under this new context inevitable questions emerged: How have the justices interpreted the constitution? What is the relation of the court with the other political institutions? How much autonomy do justices display in their decisions? Has the court considered the necessary adjustments to face the challenges of democracy? It has become essential in studying the new role of the Supreme Court to obtain a more accurate and detailed diagnosis of the performances of its justices in this new political environment. Through critical review of relevant debates and using original data sets to empirically analyze the way justices voted on the three main means of constitutional control from 2000 through 2011, leading legal scholars provide a thoughtful and much needed new interpretation of the role the judiciary plays in a country’s transition to democracy This book is designed for graduate courses in law and courts, judicial politics, comparative judicial politics, Latin American institutions, and transitions to democracy. This book will equip scholars and students with the knowledge required to understand the importance of the independence of the judiciary in the transition to democracy.
Publisher: Routledge
ISBN: 1315520605
Category : Political Science
Languages : en
Pages : 191
Book Description
After more than seventy years of uninterrupted authoritarian government headed by the Partido Revolucionario Institucional (PRI), Mexico formally began the transition to democracy in 2000. Unlike most other new democracies in Latin America, no special Constitutional Court was set up, nor was there any designated bench of the Supreme Court for constitutional adjudication. Instead, the judiciary saw its powers expand incrementally. Under this new context inevitable questions emerged: How have the justices interpreted the constitution? What is the relation of the court with the other political institutions? How much autonomy do justices display in their decisions? Has the court considered the necessary adjustments to face the challenges of democracy? It has become essential in studying the new role of the Supreme Court to obtain a more accurate and detailed diagnosis of the performances of its justices in this new political environment. Through critical review of relevant debates and using original data sets to empirically analyze the way justices voted on the three main means of constitutional control from 2000 through 2011, leading legal scholars provide a thoughtful and much needed new interpretation of the role the judiciary plays in a country’s transition to democracy This book is designed for graduate courses in law and courts, judicial politics, comparative judicial politics, Latin American institutions, and transitions to democracy. This book will equip scholars and students with the knowledge required to understand the importance of the independence of the judiciary in the transition to democracy.
Judicial Power and Strategic Communication in Mexico
Author: Jeffrey K. Staton
Publisher: Cambridge University Press
ISBN: 0521195217
Category : Business & Economics
Languages : en
Pages : 237
Book Description
Although they are not directly accountable to voters, constitutional court judges communicate with the general public through the media. In Judicial Power and Strategic Communication in Mexico, Jeffrey K. Staton argues that constitutional courts develop public relations strategies in order to increase the transparency of judicial behavior and promote judicial legitimacy. Yet, in some political contexts there can be a tension between transparency and legitimacy, and for this reason, courts cannot necessarily advance both conditions simultaneously. The argument is tested via an analysis of the Mexican Supreme Court during Mexico's recent transition to democracy, and also through a cross-national analysis of public perceptions of judicial legitimacy. The results demonstrate that judges can be active participants in the construction of their own power. More broadly, the study develops a positive political theory of institutions, which highlights the connections between democratization and the rule of law.
Publisher: Cambridge University Press
ISBN: 0521195217
Category : Business & Economics
Languages : en
Pages : 237
Book Description
Although they are not directly accountable to voters, constitutional court judges communicate with the general public through the media. In Judicial Power and Strategic Communication in Mexico, Jeffrey K. Staton argues that constitutional courts develop public relations strategies in order to increase the transparency of judicial behavior and promote judicial legitimacy. Yet, in some political contexts there can be a tension between transparency and legitimacy, and for this reason, courts cannot necessarily advance both conditions simultaneously. The argument is tested via an analysis of the Mexican Supreme Court during Mexico's recent transition to democracy, and also through a cross-national analysis of public perceptions of judicial legitimacy. The results demonstrate that judges can be active participants in the construction of their own power. More broadly, the study develops a positive political theory of institutions, which highlights the connections between democratization and the rule of law.
The Judicialization of Politics in Latin America
Author: Rachel Sieder
Publisher: Springer
ISBN: 1137108878
Category : Social Science
Languages : en
Pages : 314
Book Description
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.
Publisher: Springer
ISBN: 1137108878
Category : Social Science
Languages : en
Pages : 314
Book Description
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.
Courts in Latin America
Author: Gretchen Helmke
Publisher: Cambridge University Press
ISBN: 1139497162
Category : Political Science
Languages : en
Pages : 353
Book Description
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.
Publisher: Cambridge University Press
ISBN: 1139497162
Category : Political Science
Languages : en
Pages : 353
Book Description
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.
Murder and Politics in Mexico
Author: Sara Schatz
Publisher: Springer Science & Business Media
ISBN: 1441980687
Category : Social Science
Languages : en
Pages : 255
Book Description
Murder and Politics in Mexico studies the causes of political killings in Mexico’s liberalization-democratization within the larger context of political repression. Mexico’s democratization process has entailed a little known but highly significant cost of human lives in pre- and post-election violence. The majority of these crimes remain in a state of impunity: in other words, no person had been charged with the crime and/or no investigation of it had occurred. This has several consequences for Mexican politics: when the level of violence is extreme and when political killings that are systematic and invasive are involved, this could indicate a real fracture in the democratic system. This book analyzes several dimensions regarding impunity and political crime, more specifically, the political killings of members of the PRD in the post-1988 period in Mexico. The main argument proposed in this book is that impunity for political killings is a structured system requiring one central precondition, namely the failure of the legal system to function as a system of restraint for killings. Dr Schatz’s research finds that political assassinations are indeed rational, targeted actions but they do not occur within an institutional vacuum. Political assassinations are calculated strategies of action aimed at eliminating political rivals. As a form of interpersonal violence, political assassination involves direct or implied authorization from political leaders, the availability of assassins for hire and the willingness of some political leaders to utilize them against political opponents, and violent interactions between political parties combined with judicial system ineffectiveness. A corrupt legal system facilitates the use of political assassination and explains the persistence of impunity for political murder over time. To reduce political violence in the transition to electoral democracy, specific institutional conditions, namely a structured system of impunity for murder, must be overcome.
Publisher: Springer Science & Business Media
ISBN: 1441980687
Category : Social Science
Languages : en
Pages : 255
Book Description
Murder and Politics in Mexico studies the causes of political killings in Mexico’s liberalization-democratization within the larger context of political repression. Mexico’s democratization process has entailed a little known but highly significant cost of human lives in pre- and post-election violence. The majority of these crimes remain in a state of impunity: in other words, no person had been charged with the crime and/or no investigation of it had occurred. This has several consequences for Mexican politics: when the level of violence is extreme and when political killings that are systematic and invasive are involved, this could indicate a real fracture in the democratic system. This book analyzes several dimensions regarding impunity and political crime, more specifically, the political killings of members of the PRD in the post-1988 period in Mexico. The main argument proposed in this book is that impunity for political killings is a structured system requiring one central precondition, namely the failure of the legal system to function as a system of restraint for killings. Dr Schatz’s research finds that political assassinations are indeed rational, targeted actions but they do not occur within an institutional vacuum. Political assassinations are calculated strategies of action aimed at eliminating political rivals. As a form of interpersonal violence, political assassination involves direct or implied authorization from political leaders, the availability of assassins for hire and the willingness of some political leaders to utilize them against political opponents, and violent interactions between political parties combined with judicial system ineffectiveness. A corrupt legal system facilitates the use of political assassination and explains the persistence of impunity for political murder over time. To reduce political violence in the transition to electoral democracy, specific institutional conditions, namely a structured system of impunity for murder, must be overcome.
Consequential Courts
Author: Diana Kapiszewski
Publisher: Cambridge University Press
ISBN: 1107026539
Category : Law
Languages : en
Pages : 453
Book Description
Maps the roles in governance that courts are undertaking and how they matter in the political life of these nations.
Publisher: Cambridge University Press
ISBN: 1107026539
Category : Law
Languages : en
Pages : 453
Book Description
Maps the roles in governance that courts are undertaking and how they matter in the political life of these nations.
The Oxford Handbook of Mexican Politics
Author: Roderic Ai Camp
Publisher: Oxford University Press
ISBN: 0195377389
Category : Political Science
Languages : en
Pages : 839
Book Description
A comprehensive view of the remarkable transformation of Mexico's political system to a democratic model. The contributors to this volume assess the most influential institutions, actors, policies and issues in the country's current evolution toward democratic consolidation.
Publisher: Oxford University Press
ISBN: 0195377389
Category : Political Science
Languages : en
Pages : 839
Book Description
A comprehensive view of the remarkable transformation of Mexico's political system to a democratic model. The contributors to this volume assess the most influential institutions, actors, policies and issues in the country's current evolution toward democratic consolidation.
Mexico
Author: Jo Tuckman
Publisher: Yale University Press
ISBN: 0300160321
Category : History
Languages : en
Pages : 390
Book Description
In 2000, Mexico's long invincible Institutional Revolutionary Party (PRI) lost the presidential election to Vicente Fox of the National Action Party (PAN). The ensuing changeover--after 71 years of PRI dominance--was hailed as the beginning of a new era of hope for Mexico. Yet the promises of the PAN victory were not consolidated. In this vivid account of Mexico's recent history, a journalist with extensive reporting experience investigates the nation's young democracy, its shortcomings and achievements, and why the PRI is favored to retake the presidency in 2012.Jo Tuckman reports on the murky, terrifying world of Mexico's drug wars, the counterproductive government strategy, and the impact of U.S. policies. She describes the reluctance and inability of politicians to seriously tackle rampant corruption, environmental degradation, pervasive poverty, and acute inequality. To make matters worse, the influence of non-elected interest groups has grown and public trust in almost all institutions--including the Catholic church--is fading. The pressure valve once presented by emigration is also closing. Even so, there are positive signs: the critical media cannot be easily controlled, and small but determined citizen groups notch up significant, if partial, victories for accountability. While Mexico faces complex challenges that can often seem insurmountable, Tuckman concludes, the unflagging vitality and imagination of many in Mexico inspire hope for a better future.
Publisher: Yale University Press
ISBN: 0300160321
Category : History
Languages : en
Pages : 390
Book Description
In 2000, Mexico's long invincible Institutional Revolutionary Party (PRI) lost the presidential election to Vicente Fox of the National Action Party (PAN). The ensuing changeover--after 71 years of PRI dominance--was hailed as the beginning of a new era of hope for Mexico. Yet the promises of the PAN victory were not consolidated. In this vivid account of Mexico's recent history, a journalist with extensive reporting experience investigates the nation's young democracy, its shortcomings and achievements, and why the PRI is favored to retake the presidency in 2012.Jo Tuckman reports on the murky, terrifying world of Mexico's drug wars, the counterproductive government strategy, and the impact of U.S. policies. She describes the reluctance and inability of politicians to seriously tackle rampant corruption, environmental degradation, pervasive poverty, and acute inequality. To make matters worse, the influence of non-elected interest groups has grown and public trust in almost all institutions--including the Catholic church--is fading. The pressure valve once presented by emigration is also closing. Even so, there are positive signs: the critical media cannot be easily controlled, and small but determined citizen groups notch up significant, if partial, victories for accountability. While Mexico faces complex challenges that can often seem insurmountable, Tuckman concludes, the unflagging vitality and imagination of many in Mexico inspire hope for a better future.
The Making of Law
Author: William Suarez-Potts
Publisher: Stanford University Press
ISBN: 0804783489
Category : History
Languages : en
Pages : 361
Book Description
Despite Porfirio Díaz's authoritarian rule (1877-1911) and the fifteen years of violent conflict typifying much of Mexican politics after 1917, law and judicial decision-making were important for the country's political and economic organization. Influenced by French theories of jurisprudence in addition to domestic events, progressive Mexican legal thinkers concluded that the liberal view of law—as existing primarily to guarantee the rights of individuals and of private property—was inadequate for solving the "social question"; the aim of the legal regime should instead be one of harmoniously regulating relations between interdependent groups of social actors. This book argues that the federal judiciary's adjudication of labor disputes and its elaboration of new legal principles played a significant part in the evolution of Mexican labor law and the nation's political and social compact. Indeed, this conclusion might seem paradoxical in a country with a civil law tradition, weak judiciary, authoritarian government, and endemic corruption. Suarez-Potts shows how and why judge-made law mattered, and why contemporaries paid close attention to the rulings of Supreme Court justices in labor cases as the nation's system of industrial relations was established.
Publisher: Stanford University Press
ISBN: 0804783489
Category : History
Languages : en
Pages : 361
Book Description
Despite Porfirio Díaz's authoritarian rule (1877-1911) and the fifteen years of violent conflict typifying much of Mexican politics after 1917, law and judicial decision-making were important for the country's political and economic organization. Influenced by French theories of jurisprudence in addition to domestic events, progressive Mexican legal thinkers concluded that the liberal view of law—as existing primarily to guarantee the rights of individuals and of private property—was inadequate for solving the "social question"; the aim of the legal regime should instead be one of harmoniously regulating relations between interdependent groups of social actors. This book argues that the federal judiciary's adjudication of labor disputes and its elaboration of new legal principles played a significant part in the evolution of Mexican labor law and the nation's political and social compact. Indeed, this conclusion might seem paradoxical in a country with a civil law tradition, weak judiciary, authoritarian government, and endemic corruption. Suarez-Potts shows how and why judge-made law mattered, and why contemporaries paid close attention to the rulings of Supreme Court justices in labor cases as the nation's system of industrial relations was established.
Rule By Law
Author: Tom Ginsburg
Publisher: Cambridge University Press
ISBN: 9780521720410
Category : Law
Languages : en
Pages : 392
Book Description
Scholars have generally assumed that courts in authoritarian states are pawns of their regimes, upholding the interests of governing elites and frustrating the efforts of their opponents. As a result, nearly all studies in comparative judicial politics have focused on democratic and democratizing countries. This volume brings together leading scholars in comparative judicial politics to consider the causes and consequences of judicial empowerment in authoritarian states. It demonstrates the wide range of governance tasks that courts perform, as well as the way in which courts can serve as critical sites of contention both among the ruling elite and between regimes and their citizens. Drawing on empirical and theoretical insights from every major region of the world, this volume advances our understanding of judicial politics in authoritarian regimes.
Publisher: Cambridge University Press
ISBN: 9780521720410
Category : Law
Languages : en
Pages : 392
Book Description
Scholars have generally assumed that courts in authoritarian states are pawns of their regimes, upholding the interests of governing elites and frustrating the efforts of their opponents. As a result, nearly all studies in comparative judicial politics have focused on democratic and democratizing countries. This volume brings together leading scholars in comparative judicial politics to consider the causes and consequences of judicial empowerment in authoritarian states. It demonstrates the wide range of governance tasks that courts perform, as well as the way in which courts can serve as critical sites of contention both among the ruling elite and between regimes and their citizens. Drawing on empirical and theoretical insights from every major region of the world, this volume advances our understanding of judicial politics in authoritarian regimes.