Author: Darren G. Hawkins
Publisher: U of Nebraska Press
ISBN: 9780803224049
Category : Political Science
Languages : en
Pages : 288
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Book Description
What is the influence of international human rights activism on authoritarian governments in the modern era? How much can pressure from human rights organizations and nations affect political change within a county? This book addresses these key issues by examining the impact of transnational human rights organizations and international norms on Chile during Gen. Augusto Pinochet's regime (1973?90) and afterward. Darren G. Hawkins argues that steadily mounting pressure from abroad concerning human rights did, in fact, make Pinochet more vulnerable over time and helped stimulate Chile's movement to a liberal democracy. Such international expectations could not be ignored by Pinochet, and they gradually and cumulatively made themselves felt. By 1975 some Chilean officials were adopting the discourse of human rights and claiming their adherence to international norms; two years later the government's security apparatus responsible for the reign of terror was reorganized, and disappearances in Chile nearly ceased. In 1980 the regime abandoned its insistence on unlimited authoritarian rule and approved a constitution that set term limits and promised future democratic institutions; Pinochet lost a constitutionally mandated plebiscite in 1988 and ultimately left office in 1990. Hawkins contends that these changes not only were internally driven but reflected an ongoing response to an international discourse on human rights. Well-researched and cogently argued, this case study further illuminates and complicates our understanding of modern Chilean history and provides ample testimony of the far-reaching effects of international human rights work.
Author: Mark Ensalaco
Publisher: University of Pennsylvania Press
ISBN: 0812201868
Category : Political Science
Languages : en
Pages : 299
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Book Description
"When the army comes out, it is to kill."—Augusto Pinochet Following his bloody September 1973 coup d'état that overthrew President Salvador Allende, Augusto Pinochet, commander-in-chief of the Chilean Armed Forces and National Police, became head of a military junta that would rule Chile for the next seventeen years. The violent repression used by the Pinochet regime to maintain power and transform the country's political profile and economic system has received less attention than the Argentine military dictatorship, even though the Pinochet regime endured twice as long. In this primary study of Chile Under Pinochet, Mark Ensalaco maintains that Pinochet was complicit in the "enforced disappearance" of thousands of Chileans and an unknown number of foreign nationals. Ensalaco spent five years in Chile investigating the impact of Pinochet's rule and interviewing members of the truth commission created to investigate the human rights violations under Pinochet. The political objective of human rights organizations, Ensalaco contends, is to bring sufficient pressure to bear on violent regimes to induce them to end policies of repression. However, these efforts are severely limited by the disparities of power between human rights organizations and regimes intent on ruthlessly eliminating dissent.
Author: Michael Albertus
Publisher: Cambridge University Press
ISBN: 110819642X
Category : Political Science
Languages : en
Pages : 326
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Book Description
This book argues that - in terms of institutional design, the allocation of power and privilege, and the lived experiences of citizens - democracy often does not restart the political game after displacing authoritarianism. Democratic institutions are frequently designed by the outgoing authoritarian regime to shield incumbent elites from the rule of law and give them an unfair advantage over politics and the economy after democratization. Authoritarianism and the Elite Origins of Democracy systematically documents and analyzes the constitutional tools that outgoing authoritarian elites use to accomplish these ends, such as electoral system design, legislative appointments, federalism, legal immunities, constitutional tribunal design, and supermajority thresholds for change. The study provides wide-ranging evidence for these claims using data that spans the globe and dates from 1800 to the present. Albertus and Menaldo also conduct detailed case studies of Chile and Sweden. In doing so, they explain why some democracies successfully overhaul their elite-biased constitutions for more egalitarian social contracts.
Author: Cath Collins
Publisher: Penn State Press
ISBN: 0271036877
Category : Political Science
Languages : en
Pages : 293
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Book Description
"Analyzes how activists, legal strategies, and judicial receptivity to human rights claims are constructing new accountability outcomes for human rights violations in Chile and El Salvador"--Provided by publisher.
Author: Joan Fitzpatrick
Publisher: BRILL
ISBN: 9004481796
Category : Law
Languages : en
Pages : 592
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Book Description
The tension between national security and freedom of expression and information is both acute and multifaceted. Without national security, basic human rights are always at risk. On the other hand, the tendency of governing elites to confuse `the life of the nation' with their own survival has often resulted in excessive restrictions on expression and information, as well as other fundamental rights. A proper balance between secrecy and liberty requires a vigilant press and an independent judiciary. It also requires greater clarity than currently exists as to how competing rights and interests should be weighed. This book addresses that gap. Its centerpiece is a set of Principles drafted by a group of international and national law experts, many of whom contributed chapters, to guide governments, courts and international bodies in how to strike a proper balance. The Principles have been widely endorsed, among others by United Nations experts on freedom of expression and independence of judges and lawyers. Sixteen country studies - profiling, among other states, Albania, Chile, China, Egypt, France, Germany, India, Israel, Japan, Norway, South Africa, South Korea, Turkey, the United Kingdom, the United States, and the Federal Republic of Yugoslavia - explore the tremendous diversity of national security doctrines and the penal and other measures aimed at suppressing allegedly secret information and speech claimed to be subversive, separatist or otherwise dangerous. Five chapters examine the cases considered and approaches taken by the UN Human Rights Committee, three regional human rights bodies, and the European Court of Justice. A Commentary draws on the other chapters to support and elucidate the Principles, noting where they reflect an existing consensus and the points at which they attempt to elicit a more rights-protective approach.
Author: Vanessa Walker
Publisher: Cornell University Press
ISBN: 1501752685
Category : History
Languages : en
Pages : 452
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Book Description
Vanessa Walker's Principles in Power explores the relationship between policy makers and nongovernment advocates in Latin America and the United States government in order to explain the rise of anti-interventionist human rights policies uniquely critical of U.S. power during the Cold War. Walker shows that the new human rights policies of the 1970s were based on a complex dynamic of domestic and foreign considerations that was rife with tensions between the seats of power in the United States and Latin America, and the growing activist movement that sought to reform them. By addressing the development of U.S. diplomacy and politics alongside that of activist networks, especially in Chile and Argentina, Walker shows that Latin America was central to the policy assumptions that shaped the Carter administration's foreign policy agenda. The coup that ousted the socialist president of Chile, Salvador Allende, sparked new human rights advocacy as a direct result of U.S. policies that supported authoritarian regimes in the name of Cold War security interests. From 1973 onward, the attention of Washington and capitals around the globe turned to Latin America as the testing ground for the viability of a new paradigm for U.S. power. This approach, oriented around human rights, required collaboration among activists and state officials in places as diverse as Buenos Aires, Santiago, and Washington, DC. Principles in Power tells the complicated story of the potentials and limits of partnership between government and nongovernment actors. Analyzing how different groups deployed human rights language to reform domestic and international power, Walker explores the multiple and often conflicting purposes of U.S. human rights policy.
Author: Tom Ginsburg
Publisher: Cambridge University Press
ISBN: 1107047668
Category : Law
Languages : en
Pages : 283
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Book Description
This volume explores the form and function of constitutions in countries without the fully articulated institutions of limited government.
Author: Tom Ginsburg
Publisher: Cambridge University Press
ISBN: 9780521720410
Category : Law
Languages : en
Pages : 392
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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.
Author: Naomi Roht-Arriaza
Publisher: University of Pennsylvania Press
ISBN: 0812203070
Category : Law
Languages : en
Pages : 271
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Book Description
The 1998 arrest of General Augusto Pinochet in London and subsequent extradition proceedings sent an electrifying wave through the international community. This legal precedent for bringing a former head of state to trial outside his home country signaled that neither the immunity of a former head of state nor legal amnesties at home could shield participants in the crimes of military governments. It also allowed victims of torture and crimes against humanity to hope that their tormentors might be brought to justice. In this meticulously researched volume, Naomi Roht-Arriaza examines the implications of the litigation against members of the Chilean and Argentine military governments and traces their effects through similar cases in Latin American and Europe. Roht-Arriaza discusses the difficulties in bringing violators of human rights to justice at home, and considers the role of transitional justice in transnational prosecutions and investigations in the national courts of countries other than those where the crimes took place. She traces the roots of the landmark Pinochet case and follows its development and those of related cases, through Spain, the United Kingdom, elsewhere in Europe, and then through Chile, Argentina, Mexico, and the United States. She situates these transnational cases within the context of an emergent International Criminal Court, as well as the effectiveness of international law and of the lawyers, judges, and activists working together across continents to make a new legal paradigm a reality. Interviews and observations help to contextualize and dramatize these compelling cases. These cases have tremendous ramifications for the prospect of universal jurisdiction and will continue to resonate for years to come. Roht-Arriaza's deft navigation of these complicated legal proceedings elucidates the paradigm shift underlying this prosecution as well as the traction gained by advocacy networks promoting universal jurisdiction in recent decades.
Author: Rachel Sieder
Publisher: Springer
ISBN: 1137108878
Category : Social Science
Languages : en
Pages : 314
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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.
