The Supreme Court and the Transition to Democracy

Author: Andrea Castagnola,Saul Lopez Noriega

Publisher: Routledge

ISBN: 1315520591

Category: Political Science

Page: 190

View: 7839

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.
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A Study of the Amparo Suit

Author: Richard D. Baker

Publisher: University of Texas Press

ISBN: 1477305653

Category: Political Science

Page: 318

View: 6180

The amparo suit is a Mexican legal institution similar in its effects to such Anglo-American procedures as habeas corpus, error, and the various forms of injunctive relief. It has undergone a long evolution since it was incorporated into the Constitution of 1857. Today, its principal purpose is to protect private individuals in the enjoyment of the rights guaranteed by the first twenty-nine articles of the Constitution. Mexico after its independence produced many constitutions. One of the earliest problems was to find an adequate means of defending the Constitution against ill-founded interpretations of its precepts. Like the United States, Mexico has developed a system of constitutional defense in which the judiciary is the supreme interpreter of what this document means. Unlike the United States Supreme Court, however, the Mexican Supreme Court has not been innovative in its decisions or contradicted the administration on major policy decisions. This difference must be attributed to the civil law system of Mexico as well as to the political climate. The first part of Richard D. Baker’s book describes the historical background of amparo and other methods of constitutional defense in Mexico. The three men most closely associated with creating a judicial form of constitutional defense in Mexico were Manuel Crescencio Rejón, José Fernando Ramírez, and Mariano Otero. Their own writings indicate that the immediate source of amparo must be found in the American institution of judicial review that was transmitted to Mexicans through Alexis de Tocqueville’s Democracy in America. The second part is an exposition of the workings of the amparo suit in the twentieth century and the constitutional and statutory provisions affecting it. Since 1857, when it was incorporated into article 102 of the Constitution, the amparo suit has evolved into a highly complex institution performing three functions: the defense of the civil liberties enumerated in the first twenty-nine articles of the Constitution, the determination of the constitutionality of federal and state legislation, and cassation. The Supreme Court is primarily limited to defending civil liberties through the amparo suit; it remains less innovative and more restricted than the United States system of judicial review, especially in the effect of its judgments on political agencies. Baker’s study is the first one in English dealing with this subject and is one of the most extensive in any language. It should be welcome as a valuable tool to all students of Mexican law, history, and political thought.
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Author: David Neubauer,Stephen Meinhold

Publisher: Cengage Learning

ISBN: 049556933X

Category: Political Science

Page: 576

View: 2856

Working within the framework of law and politics, JUDICIAL PROCESS combines detailed information about the major structures and processes of the American judiciary with an insider’s understanding of the importance of courthouse dynamics. From the organization and procedures of the various courts to the current applications of specific laws, this text explores the roles and impact of the judicial system. Throughout the text, the authors not only explain what the legal rules are but also explore each rule’s underlying assumptions, history, and goals--for a complete and balanced look at the role of the judicial system today. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.
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Political Killings in the Partido de la Revolucion Democratica and its Consequences

Author: Sara Schatz

Publisher: Springer Science & Business Media

ISBN: 9781441980687

Category: Social Science

Page: 243

View: 880

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.
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Author: Mark C. Miller

Publisher: Routledge

ISBN: 0429962150

Category: Political Science

Page: 448

View: 9089

Judicial Politics in the United States examines the role of courts as policymaking institutions and their interactions with the other branches of government and other political actors in the U.S. political system. Not only does this book cover the nuts and bolts of the functions, structures and processes of our courts and legal system, it goes beyond other judicial process books by exploring how the courts interact with executives, legislatures, and state and federal bureaucracies. It also includes a chapter devoted to the courts' interactions with interest groups, the media, and general public opinion and a chapter that looks at how American courts and judges interact with other judiciaries around the world. Judicial Politics in the United States balances coverage of judicial processes with discussions of the courts' interactions with our larger political universe, making it an essential text for students of judicial politics.
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Argentina, Peru, and Mexico in the 1990s

Author: Jodi S. Finkel

Publisher: N.A

ISBN: 9780268028879

Category: History

Page: 157

View: 529

During the 1990s, judicial reform swept Latin America. While some of the region's supreme courts have been able to exercise increased power as a result of these reforms, others have not. Why do some instances of judicial reform appear to be leading to the development of a powerful judiciary while others have failed to do so? In this careful analysis, Jodi S. Finkel investigates judicial reform in Argentina, Mexico, and Peru. She suggests that while ruling parties can be induced to initiate judicial reforms by introducing constitutional revisions, they often prove unwilling to implement these constitutional changes by enacting required legislation. To understand the outcomes of judicial reform, as well as to predict where reforms are likely to empower courts, it is necessary to examine the political incentives faced by politicians at the implementation phase. Finkel argues that the implementation of judicial reform may serve the ruling party as an insurance policy, in that a strong judicial branch reduces the risks faced by a ruling party once it loses power and becomes the opposition. Finkel suggests that as the ruling party's probability of reelection declines, the likelihood of the enactment of reforms resulting in an empowered judiciary increases. "This book will be of interest for those in Latin American studies, where it should be well-received due to the author's close familiarity with and authority on the countries about which she writes; for scholars in the law and society field, where it supports and complements the work of Ginsburg and Hirschl; and to those in the policy field, to whom the book offers several important lessons." --Lisa Hilbink, University of Minnesota "By highlighting politicians' interest in protection against future threats, Jodi Finkel convincingly explains their seemingly paradoxical decision to enact judicial reforms that limit their own power. Her book constitutes a particularly interesting, thoughtful, and theoretically significant contribution to the burgeoning literature on judicial politics in Latin America." --Kurt Weyland, Lozano Long Professor of Latin American Politics, University of Texas at Austin "In this lucid study, Jodi Finkel extends our understanding of the politics of judicial empowerment with three case studies from Latin America. Well written and tightly argued, the book makes a convincing case that the incentives of politicians, rather than pressure from civil society or external actors, are the key factor to explain variation in judicial reform. Finkel has made a major contribution to the nascent literature on judicial politics in Latin America. " --Tom Ginsburg, University of Illinois
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Author: Jeffrey K. Staton

Publisher: Cambridge University Press

ISBN: 0521195217

Category: Business & Economics

Page: 221

View: 7419

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.
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Author: Maurilio E. Vigil,Michael Olsen,Roy Lujan

Publisher: University Press of America

ISBN: 9780819177902

Category: Political Science

Page: 196

View: 7884

This book provides a comprehensive and penetrating investigation of the governmental and political processes of New Mexico. It combines a view of how the social and political history have shaped contemporary New Mexico political culture and the nature of governmental and political affairs. Formal governmental institutions and political processes provide a descriptive narrative of New Mexico government and politics. Contents: PART I: The Function of State Government; The Land of Enchantment; Paso por aqui; Powers Not Delegated; Any Amendment or Amendments to this Constitution; PART II: The Form of Government; The Executive Department Shall Consist of...; The Legislative Power Shall Be Vested In; The Judicial Power of the State Shall Be Vested In; All Elections Shall be Free and Open: Parties and Politics in New Mexico; From Bernalillo to Valencia: County Government; From Aztec to Wagon Mound: Municipal Government; Pueblos, Acequias and Land Grants: Other Political Units Mexico; PART III: The Future of State Government; Public Policymaking in New Mexico.
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Judicialization and Political Activism in Latin America

Author: Javier Couso,Alexandra Huneeus,Rachel Sieder

Publisher: Cambridge University Press

ISBN: 0521767237

Category: Law

Page: 287

View: 2463

Ideas about law are undergoing dramatic change in Latin America. The consolidation of democracy as the predominant form of government and the proliferation of transnational legal instruments have ushered in an era of new legal conceptions and practices. Law has become a core focus of political movements and policy-making. This volume explores the changing legal ideas and practices that accompany, cause, and are a consequence of the judicialization of politics in Latin America. It is the product of a three-year international research effort, sponsored by the Law and Society Association, the Latin American Studies Association, and the Ford Foundation, that gathered leading and emerging scholars of Latin American courts from across disciplines and across continents.
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The Politics of Subnational Judicial Reform in Brazil and Mexico

Author: Matthew Ingram

Publisher: Cambridge University Press

ISBN: 1107117321

Category: Law

Page: 320

View: 5957

This book explores the importance of local courts in enacting positive social and economic reform in Brazil and Mexico.
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A Culturalist Approach

Author: Sara Schatz

Publisher: Greenwood Publishing Group

ISBN: 9780275966669

Category: History

Page: 132

View: 8233

This book analyzes the transition to democracy in Mexico by developing and using a general model of delayed transitions to democracy.
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Fourth Edition

Author: Roderic Ai Camp

Publisher: University of Texas Press

ISBN: 0292799020

Category: Biography & Autobiography

Page: 1344

View: 5113

This fourth edition of Roderic Camp's highly respected Mexican Political Biographies is an updated comprehensive biographical directory of leading state and national politicians in Mexico, covering the years 1935–2009. The original edition, published in 1976, was the first and only comprehensive biographical work on contemporary political figures in any language and served as the prototype for the Mexican government's brief foray into its own official biographical directory. The Mexican Supreme Court has cited every biography of justices in the third edition as the basis of its biographies in the late 1980s. With updates of the existing biographies and appendices, plus almost 1,000 additional biographies, this fourth edition now features close to 3,000 entries and serves as a unique resource list of the chronological occupants of all leading national political posts. The need for such information has become even more pronounced since Mexico's political transformation from a semi-authoritarian to a democratic model. This latest edition allows readers access to information about Mexican politicians into the new century, and like its earlier versions, will be a valuable tool for government officials, journalists, historians, social scientists, the business community, and students. Finally, it includes a detailed bibliographic essay that identifies and explains the significance of biographical sources and has been enhanced by numerous up-to-date Internet sources. An added convenience is an accompanying CD that allows readers to search the biographies and appendices, enhancing the longevity, usefulness, and uniqueness of this edition.
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Democracy and the Rule of Law in Latin America

Author: Mark Ungar

Publisher: Lynne Rienner Publishers

ISBN: 9781588260352

Category: Political Science

Page: 273

View: 9848

Elusive Reform explores one of the Latin American countries' biggest challenges: establishing a rule of law. Based on a close examination of historical patterns, it demonstrates how executive power and judicial disarray thwart progress toward judicial independence, state accountability, and citizen access to effective means of conflict resolution. Ungar critiques the wide spectrum of agencies responsible for enforcing the law, from the police and prisons to provincial governors, the attorney general, and the judiciary itself. He similarly analyzes the region's most recent reform innovations, among them judicial councils, national ombudsmen, and community justice forums. Although his focus is on Argentina and Venezuela, he presents valuable material on other Latin American countries, particularly Bolivia. Exposing many overlooked vulnerabilities of Latin America's democratic institutions, Elusive Reform broadens our understanding of democracy itself. Ungar explores one of the Latin American countries' biggest challenges: establishing a rule of law.
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Implementing Human Rights in Police and Judicial Reform Under Democratization

Author: Niels Uildriks,Nelia Tello Peón

Publisher: Lexington Books

ISBN: 0739128949

Category: History

Page: 332

View: 4892

Mexico's Unrule of Law: Human Rights and Police Reform Under Democratization looks at recent Mexican criminal justice reforms. Using Mexico City as a case study of the social and institutional realities, Niels Uildriks focuses on the evolving police and justice system within the county's long-term transition from authoritarian to democratic governance. By analyzing extensive and penetrating police surveys and interviews, he goes further to offer innovative ideas on how to simultaneously achieve greater community security, democratic policing, and adherence to human rights.
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Author: Gretchen Helmke,Julio Rios-Figueroa

Publisher: Cambridge University Press

ISBN: 1139497162

Category: Political Science

Page: N.A

View: 8229

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.
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