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Author: Jeffrey K. Staton
Publisher: Cambridge University Press
ISBN: 0521195217
Category : Business & Economics
Languages : en
Pages : 237
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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.
Author: Jeffrey K. Staton
Publisher: Cambridge University Press
ISBN: 0521195217
Category : Business & Economics
Languages : en
Pages : 237
Get Book Here
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.
Author: Jeffrey K. Staton
Publisher:
ISBN: 9780511743344
Category : Language Arts & Disciplines
Languages : en
Pages : 221
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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.
Author: Andrea Castagnola
Publisher: Routledge
ISBN: 1315520591
Category : Political Science
Languages : en
Pages : 208
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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.
Author: G. Philip
Publisher: Springer
ISBN: 113703405X
Category : Law
Languages : en
Pages : 294
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Book Description
The Mexican government's full-frontal attack on the powerful drugs cartels has achieved mixed results. This book considers the issue from a variety of viewpoints. The essential argument is that the organized crime is best combated by institutional reforms directed at strengthening the rule of law rather than by a heavy reliance on armed force.
Author: Robert M. Howard
Publisher: Edward Elgar Publishing
ISBN: 1800378343
Category : Law
Languages : en
Pages : 380
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Book Description
This Research Handbook is a multi-faceted, comparative analysis of how law and political systems interact around the world. Chapters include analyses of judicial deference, congressional support, democratic representation, politicization of courts, public support, and judicialization across multiple jurisdictions in the United States and abroad. Chapters also investigate transnational courts and the linkages between international and domestic law and politics.
Author: Courtenay R. Conrad
Publisher:
ISBN: 0190910976
Category : Law
Languages : en
Pages : 283
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Book Description
Do international human rights treaties constrain governments from repressing their populations and violating rights? In Contentious Compliance, Courtenay R. Conrad and Emily Hencken Ritter present a new theory of human rights treaty effects founded on the idea that governments repress as part of a domestic conflict with potential or actual dissidents. By introducing dissent like peaceful protests, strikes, boycotts, or direct violent attacks on government, their theory improves understanding of when states will violate rights-and when international laws will work to protect people. Conrad and Ritter investigate the effect of international human rights treaties on domestic conflict and ultimately find that treaties improve human rights outcomes by altering the structure of conflict between political authorities and potential dissidents. A powerful, careful, and empirically sophisticated rejoinder to the critics of international human rights law, Contentious Compliance offers new insights and analyses that will reshape our thinking on law and political violence.
Author: Björn Dressel
Publisher: Edinburgh University Press
ISBN: 1399535285
Category : Biography & Autobiography
Languages : en
Pages : 464
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Book Description
This volume explores an understudied aspect of courts: The extent to which informal institutions and relational networks (e.g., professional, clientelist, family etc.) relations affect how courts are organised and operate. For instance, to what extent can 'good personal relations' outweigh professional merits in judicial appointment processes? Or in what ways do international or domestic judicial networks help protect courts against other branches of power? Our relational-institutional perspective allows us to better understand a variety of important processes for the comparative study of courts including judicial appointments, judicial decision-making, judicial administration, institutional development, inter-branch relations, corruption, and court reform, among others. More importantly, an emphasis on informality sheds new light on the accountability role of courts in democratic regimes, at a time when democracy worldwide is at risk and authoritarian regimes are on the rise. Bringing together the thoughts of scholars with different levels of seniority and disciplinary expertise, this volume offers cross-national engagement with theory, providing systematic analyses of the configuration, operation, and roles of informal institutions and relations, and their importance in different socio-political contexts and legal systems.
Author: Diana Kapiszewski
Publisher: Cambridge University Press
ISBN: 1139560522
Category : Political Science
Languages : en
Pages : 303
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Book Description
High Courts and Economic Governance in Argentina and Brazil analyzes how high courts and elected leaders in Latin America interacted over neoliberal restructuring, one of the most significant socioeconomic transformations in recent decades. Courts face a critical choice when deciding cases concerning national economic policy, weighing rule of law concerns against economic imperatives. Elected leaders confront equally difficult dilemmas when courts issue decisions challenging their actions. Based on extensive fieldwork in Argentina and Brazil, this study identifies striking variation in inter-branch interactions between the two countries. In Argentina, while the high court often defers to politicians in the economic realm, inter-branch relations are punctuated by tense bouts of conflict. The Brazilian high court and elected officials, by contrast, routinely accommodate one another in their decisions about economic policy. Diana Kapiszewski argues that the two high courts' contrasting characters - political in Argentina and statesman-like in Brazil - shape their decisions on controversial cases and condition how elected leaders respond to their rulings, channeling inter-branch interactions into persistent patterns.
Author: Verónica Michel
Publisher: Cambridge University Press
ISBN: 1108386539
Category : Political Science
Languages : en
Pages : 247
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Book Description
The responsibility of any state is to protect its citizens. But if a state, either through omission or commission, fails to investigate and prosecute crime then what remedies do citizens have? Verónica Michel investigates procedural rights in Chile, Guatemala, and Mexico that allow citizens to call for the appointment of a private prosecutor to initiate criminal investigations. This right diminishes the monopoly of the state over criminal prosecutions and thus offers citizens a way of insisting on state accountability. This book provides the first full-length empirical study of how the victims' right to private prosecution can impact access to justice in Latin America, and shows how institutional and legal arrangements interact to shape the politics of criminal justice. By examining homicide cases in detail, Michel highlights how everyday legal struggles can help build the rule of law from below.
Author: Eric De Brabandere
Publisher: Cambridge University Press
ISBN: 1108845312
Category : Law
Languages : en
Pages : 445
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Book Description
This collection presents comparative analyses of the procedural aspects of the settlement of interstate disputes in international law. The contributions offer reflections on the procedure applicable to various interstate dispute settlement bodies, including international as well as regional courts and tribunals.
