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Author: Emelio Betances
Publisher: Springer
ISBN: 1137548258
Category : Political Science
Languages : en
Pages : 213
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Book Description
This book combines a bottom-up and top-down approach to the study of social movements in relationship to the development of constituent and constituted power in Latin America. The contributors to this volume argue that the radical transformation of liberal representative democracy into participative democracy is what colours these processes as revolutionary. The core themes include popular sovereignty, constituted power, constituent power, participatory democracy, free trade agreements, social citizenship, as well as redistribution and recognition issues. Unlike other collections, which provide broad coverage of social movements at the expense of depth, this book is of thematic focus and illuminates the relationships between rulers and ruled as they transform liberal democracy.
Author: Emelio Betances
Publisher: Springer
ISBN: 1137548258
Category : Political Science
Languages : en
Pages : 213
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Book Description
This book combines a bottom-up and top-down approach to the study of social movements in relationship to the development of constituent and constituted power in Latin America. The contributors to this volume argue that the radical transformation of liberal representative democracy into participative democracy is what colours these processes as revolutionary. The core themes include popular sovereignty, constituted power, constituent power, participatory democracy, free trade agreements, social citizenship, as well as redistribution and recognition issues. Unlike other collections, which provide broad coverage of social movements at the expense of depth, this book is of thematic focus and illuminates the relationships between rulers and ruled as they transform liberal democracy.
Author: Joel I. Colón-Ríos
Publisher: Academic
ISBN: 0198785984
Category : Law
Languages : en
Pages : 353
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Book Description
Constituent power is the power to create new constitutions. Since it is frequently exercised during or after political revolutions, it has been historically associated with extra-legality and violations of the established legal order. This book examines the relationship between constituent power and the law and the place of constituent power in constitutional history, focusing on the legal and institutional implications that theorists, politicians, and judges have derived from it. Since the 18th and 19th centuries, commentators and citizens have relied on the concept of constituent power to defend the idea that electors have the right to instruct representatives, and that the creation of new constitutions must take place through extra-legislative entities, such as primary assemblies open to all citizens. More recently, several Latin American constitutions explicitly incorporate the theory of constituent power and allow citizens, acting through popular initiative, to trigger constitution-making episodes that may result in the replacement of the entire constitutional order.Constitutional courts have employed constituent power to justify their jurisdiction to invalidate constitutional amendments that alter the fundamental structure of the constitution and thus amount to a constitution-making exercise. Some governments have reverted to it to defend the legality of transforming the constitutional order through procedures not contemplated in the constitution's amendment rule, but considered participatory enough to be equivalent to "the people in action", and these attempts have sometimes been sanctioned by courts. Building on these findings, Constituent Power and the Law argues that the exercise of constituent power, unlike sovereignty, should be understood as ultimately based on a popular mandate to produce a particular type of legal content. In practice, this makes it possible for a constitution-making body to be understood as legally subject to the conditions arising from a constituent referendum.
Author: Arvidsson Matilda Arvidsson
Publisher: Edinburgh University Press
ISBN: 147445500X
Category : Law
Languages : en
Pages : 283
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Book Description
With a strong focus on constitutional law, this book examines the legal as well as the political power of 'the people' in constitutional democracies. Bringing together an international range of contributors from the USA, Latin America, the UK and continental Europe, it explores the complex relationship between constitutional democracy and 'the people' from the angles of constitutional law, legal theory, political theory, and history. Contributors explore this relationship through the lens of radical democracy, engaging with the work of key figures such as Hannah Arendt, Carl Schmitt, Claude Lefort, and Jacques Ranciere.
Author: Diana Kapiszewski
Publisher: Cambridge University Press
ISBN: 110890159X
Category : Political Science
Languages : en
Pages : 587
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Book Description
Latin American states took dramatic steps toward greater inclusion during the late twentieth and early twenty-first Centuries. Bringing together an accomplished group of scholars, this volume examines this shift by introducing three dimensions of inclusion: official recognition of historically excluded groups, access to policymaking, and resource redistribution. Tracing the movement along these dimensions since the 1990s, the editors argue that the endurance of democratic politics, combined with longstanding social inequalities, create the impetus for inclusionary reforms. Diverse chapters explore how factors such as the role of partisanship and electoral clientelism, constitutional design, state capacity, social protest, populism, commodity rents, international diffusion, and historical legacies encouraged or inhibited inclusionary reform during the late 1990s and early 2000s. Featuring original empirical evidence and a strong theoretical framework, the book considers cross-national variation, delves into the surprising paradoxes of inclusion, and identifies the obstacles hindering further fundamental change.
Author: Armin von Bogdandy
Publisher: Oxford University Press
ISBN: 0192515462
Category : Law
Languages : en
Pages : 465
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Book Description
This ground-breaking collection of essays outlines and explains the unique development of Latin American jurisprudence. It introduces the idea of the Ius Constitutionale Commune en América Latina (ICCAL), an original Latin American path of transformative constitutionalism, to an Anglophone audience for the first time. It charts the key developments that have transformed the region and assesses the success of the constitutional projects that followed a period of authoritarian regimes in Latin America. Coined by scholars who have been documenting, conceptualizing, and comparing the development of Latin American public law for more than a decade, the term ICCAL encompasses themes that cross national borders and legal fields, taking in constitutional law, administrative law, general public international law, regional integration law, human rights, and investment law. Not only does this volume map the legal landscape, it also suggests measures to improve society via due legal process and a rights-based, supranational and regionally rooted constitutionalism. The editors contend that with the strengthening of democracy, the rule of law, and human rights, common problems such as the exclusion of wide sectors of the population from having a say in government, as well as corruption, hyper-presidentialism, and the weak normativity of the law can be combatted more effectively in future.
Author: Roberto Gargarella
Publisher: Ashgate Publishing, Ltd.
ISBN: 9780754647836
Category : Political Science
Languages : en
Pages : 336
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Book Description
This volume examines the role of courts as a channel for social transformation for excluded sectors of society in contemporary democracies, with a focus on social rights litigation in post-authoritarian regimes or contexts of fragile state presence.
Author: Mitchell A. Seligson
Publisher: LAPOP
ISBN: 9780979217876
Category : Political Science
Languages : en
Pages : 330
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Book Description
Author: Roberto Gargarella
Publisher:
ISBN: 0199937966
Category : History
Languages : en
Pages : 298
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Book Description
This study of 200 years of Latin American constitutionalism (1810-2010) both presents a description and a critical analysis of what Latin Americans did with their Constitutions during those years.
Author: Andrew Arato
Publisher: Cambridge University Press
ISBN: 1107126797
Category : Law
Languages : en
Pages : 483
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Book Description
This book explores the democratic methods by which political communities make their basic law, and the dangers associated with constitution-making.
Author: Carlos de la Torre
Publisher: University Press of Kentucky
ISBN: 0813146879
Category : Law
Languages : en
Pages : 485
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Book Description
The O.J. Simpson trial. The Lindbergh kidnapping. The death of Marilyn Monroe. The assassination of the Romanovs. The Atlanta child murders. All controversial cases. All investigated with the latest techniques in forensic science. Nationally respected investigators Joe Nickell and John Fischer explain the science behind the criminal investigations that have captured the nation's attention. Crime Science is the only comprehensive guide to forensics. Without being overly technical or treating scientific techniques superficially, the authors introduce readers to the work of firearms experts, document examiners, fingerprint technicians, medical examiners, and forensic anthropologists. Each topic is treated in a separate chapter, in a clear and understandable style. Nickell and Fisher describe fingerprint classification and autopsies, explain how fibers link victims to their killers, and examine the science underlying DNA profiling and toxicological analysis. From weapons analysis to handwriting samples to shoe and tire impressions, Crime Science outlines the indispensable tools and techniques that investigators use to make sense of a crime scene. Each chapter closes with a study of a well-known case, revealing how the principles of forensic science work in practice.
