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Author: Jodi S. Finkel
Publisher:
ISBN:
Category : History
Languages : en
Pages : 178
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Book Description
Jodi S. Finkel examines judicial reforms leading to increased judicial independence and authority in three Latin American countries: Argentina, Mexico, and Peru.
Author: Jodi S. Finkel
Publisher:
ISBN:
Category : History
Languages : en
Pages : 178
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Book Description
Jodi S. Finkel examines judicial reforms leading to increased judicial independence and authority in three Latin American countries: Argentina, Mexico, and Peru.
Author: Jodi Susan Finkel
Publisher:
ISBN:
Category : Latin America
Languages : en
Pages : 466
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Book Description
Author: Tom Ginsburg
Publisher: Cambridge University Press
ISBN: 9780521520393
Category : Law
Languages : en
Pages : 322
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Book Description
New democracies around the world have adopted constitutional courts to oversee the operation of democratic politics. Where does judicial power come from, how does it develop in the early stages of democratic liberalization, and what political conditions support its expansion? This book answers these questions through an examination of three constitutional courts in Asia: Taiwan, Korea, and Mongolia. In a region that has traditionally viewed law as a tool of authoritarian rulers, constitutional courts in these three societies are becoming a real constraint on government. In contrast with conventional culturalist accounts, this book argues that the design and functioning of constitutional review are largely a function of politics and interests. Judicial review - the power of judges to rule an act of a legislature or national leader unconstitutional - is a solution to the problem of uncertainty in constitutional design. By providing insurance to prospective electoral losers, judicial review can facilitate democracy.
Author: Andrea Castagnola
Publisher: Routledge
ISBN: 1315520605
Category : Political Science
Languages : en
Pages : 191
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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: Philip L. Dubois
Publisher: Lexington Books
ISBN:
Category : Law
Languages : en
Pages : 216
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Book Description
Author: Jeb Barnes
Publisher: Oxford University Press, USA
ISBN: 0199756112
Category : Business & Economics
Languages : en
Pages : 273
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Book Description
Comparing judicialized and bureaucratized injury compensation policies, Jeb Barnes and Thomas F. Burke conclude that litigation divides interests between victims and villains and winners and losers, and so creates a comparatively fractious, chaotic politics.
Author: Melissa Crouch
Publisher: Cambridge University Press
ISBN: 1108493467
Category : Law
Languages : en
Pages : 449
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Book Description
Offers an analysis of the politics of court reform through a focused review of Indonesia's complex court system.
Author: Jeffrey K. Staton
Publisher: Cambridge University Press
ISBN: 1316516733
Category : Law
Languages : en
Pages : 173
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Book Description
This book argues that independent courts can defend democracy by encouraging political elites to more prudently exercise their powers.
Author: Florencio Lopez-de-Silanes
Publisher:
ISBN:
Category : Bankruptcy
Languages : en
Pages : 52
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Book Description
Focuses on the development of financial institutions such as banks and stock exchanges, the construction of the legal infrastructure supporting business, and the creation of regulatory mechanisms in line with best world practice.
Author: Anup Malani
Publisher: University of Chicago Press
ISBN: 022625500X
Category : Law
Languages : en
Pages : 365
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Book Description
In the years since the passage of the Patient Protection and Affordable Care Act (PPACA, or, colloquially, Obamacare), most of the discussion about it has been political. But as the politics fade and the law's many complex provisions take effect, a much more interesting question begins to emerge: How will the law affect the American health care regime in the coming years and decades? This book brings together fourteen leading scholars from the fields of law, economics, medicine, and public health to answer that question. Taking discipline-specific views, they offer their analyses and predictions for the future of health care reform. By turns thought-provoking, counterintuitive, and even contradictory, the essays together cover the landscape of positions on the PPACA's prospects. Some see efficiency growth and moderating prices; others fear a strangling bureaucracy and spiraling costs. The result is a deeply informed, richly substantive discussion that will trouble settled positions and lay the groundwork for analysis and assessment as the law's effects begin to become clear.
