The Supreme Court and the Transition to Democracy

Author: Andrea Castagnola,Saul Lopez Noriega

Publisher: Routledge

ISBN: 1315520591

Category: Political Science

Page: 190

View: 6420

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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Author: Jeffrey K. Staton

Publisher: Cambridge University Press

ISBN: 0521195217

Category: Business & Economics

Page: 221

View: 5900

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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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: 6427

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: Rachel Sieder,L. Schjolden,A. Angell

Publisher: Springer

ISBN: 1137108878

Category: Social Science

Page: 305

View: 6565

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.
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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: 7112

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

Author: José María Serna de la Garza

Publisher: Bloomsbury Publishing

ISBN: 1782251332

Category: Law

Page: 254

View: 1958

This book provides an overview of Mexico's political evolution since it became independent from Spain in 1821, and its current constitutional arrangements, principles and structures. The aim is to explain this evolution as the result of struggles between the interests and ideologies of different groups within Mexican society, each with a different political vision of how the State should be organised. Chapter 1 reviews Mexico's constitutional trajectory, and explains why democracy, republicanism, federalism, separation of state and church, protection of fundamental rights and the Nation's ownership of mineral resources first became constitutional principles. Chapters 2, 3, 4 and 5 deal respectively with democracy and the electoral system, and the legislative, executive and judicial branches of federal government. Chapter 6 introduces the institutional structure of Mexico's federal system, while Chapter 7 discusses the rules, principles and institutions for the protection of human rights. Chapter 8 examines the constitutional regime of Mexico's economy. The conclusion explains how a series of factors has combined to produce a gap between the formal Constitution and what can be seen as the living Constitution; bridging that gap presents Mexican politics and society with one of its great contemporary challenges.
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Law and Practice in Contemporary Mexico

Author: Helga Baitenmann,Victoria Chenaut,Ann Varley

Publisher: Rutgers University Press

ISBN: 081354159X

Category: Social Science

Page: 296

View: 3594

Gender discrimination pervades nearly all legal institutions and practices in Latin America. The deeper question is how this shapes broader relations of power. By examining the relationship between law and gender as it manifests itself in the Mexican legal system, the thirteen essays in this volume show how law is produced by, but also perpetuates, unequal power relations. At the same time, however, authors show how law is often malleable and can provide spaces for negotiation and redress. The contributors (including political scientists, sociologists, geographers, anthropologists, and economists) explore these issues-not only in courts, police stations, and prisons, but also in rural organizations, indigenous communities, and families. By bringing new interdisciplinary perspectives to issues such as the quality of citizenship and the rule of law in present-day Mexico, this book raises important issues for research on the relationship between law and gender more widely.
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Author: Gretchen Helmke,Julio Rios-Figueroa

Publisher: Cambridge University Press

ISBN: 1139497162

Category: Political Science

Page: N.A

View: 384

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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Author: Mark C. Miller

Publisher: Routledge

ISBN: 0429973233

Category: Political Science

Page: 448

View: 2134

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: 836

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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The Supreme Court and Labor Legislation in Mexico, 1875–1931

Author: William Suarez-Potts

Publisher: Stanford University Press

ISBN: 0804783489

Category: History

Page: 360

View: 4807

Despite Porfirio Díaz's authoritarian rule (1877-1911) and the fifteen years of violent conflict typifying much of Mexican politics after 1917, law and judicial decision-making were important for the country's political and economic organization. Influenced by French theories of jurisprudence in addition to domestic events, progressive Mexican legal thinkers concluded that the liberal view of law—as existing primarily to guarantee the rights of individuals and of private property—was inadequate for solving the "social question"; the aim of the legal regime should instead be one of harmoniously regulating relations between interdependent groups of social actors. This book argues that the federal judiciary's adjudication of labor disputes and its elaboration of new legal principles played a significant part in the evolution of Mexican labor law and the nation's political and social compact. Indeed, this conclusion might seem paradoxical in a country with a civil law tradition, weak judiciary, authoritarian government, and endemic corruption. Suarez-Potts shows how and why judge-made law mattered, and why contemporaries paid close attention to the rulings of Supreme Court justices in labor cases as the nation's system of industrial relations was established.
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Author: Po Jen Yap

Publisher: Routledge

ISBN: 1317361482

Category: Law

Page: 238

View: 705

In the past century, Asian nations have experienced a wave of democratisation as countries in the region have gained independence or transitioned from authoritarian military rule towards more participatory politics. At the same time, there has been an expansion of judicial power in Asia, whereby new courts or empowered old ones emerge as independent constraints on governmental authority. This is the first book to assess the judicial review of elections in Asia. It provides important insights into how Asian courts can strategically engage with the political actors in their jurisdictions and contribute to a country’s democratic discourse. Each chapter in the book sheds light on the judicial review of elections and the electoral process in a specific Asian jurisdiction, including Common Law Asia, namely Hong Kong, India, Malaysia, and Singapore, as well as jurisdictions in Civil Law Asia, namely Indonesia, Japan, the Republic of Korea, Taiwan, and Thailand. It fills a gap in the literature by addressing a central challenge to democratic governance, namely the problem of partisan self-dealing in the electoral processes. By exploring the constantly evolving role of the courts in addressing pivotal constitutional questions, this book will be of interest to students and scholars of Asian Law, Governance and Politics.
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A Study of Representation in a Renewed Federal and Democratic State

Author: Fernanda Vidal Correa

Publisher: Lexington Books

ISBN: 1498534406

Category: Political Science

Page: 140

View: 2563

This book offers an analysis of how women's participation is conducted in Mexico´s political sphere. Federalization and decentralization processes can have a significant impact on women’s participation and discrimination. By questioning the form in which a democratic state is built (that is, the degree of (de)centralization) the book looks to a set of forms and processes affecting women’s political life. A decentralized form of state-government implies three levels of government in which women (or any other group of people) can have active participation: central-federal government, state-regional-province government, and local (municipalities) government. This book offers an analysis of how gender discrimination operates in a different way in each of these levels of government and the corresponding political activity. Policies that fight against gender discrimination and promote women's participation, in both administration and political parties, do not always operate cooperatively, and often exist in contradiction with each other.
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Crime, Truth, and Justice in Mexico

Author: Pablo Piccato

Publisher: Univ of California Press

ISBN: 0520292626

Category: History

Page: 368

View: 961

A History of Infamy explores the broken nexus between crime, justice, and truth in mid-twentieth-century Mexico. Faced with the violence and impunity that defined politics, policing, and the judicial system in post-revolutionary times, Mexicans sought truth and justice outside state institutions. During this period, criminal news and crime fiction flourished. Civil society’s search for truth and justice led, paradoxically, to the normalization of extrajudicial violence and neglect of the rights of victims. As Pablo Piccato demonstrates, ordinary people in Mexico have made crime and punishment central concerns of the public sphere during the last century, and in doing so have shaped crime and violence in our times.
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A Comparative Study of Judicial Restraint and its Development in India, the US and Pakistan

Author: Waris Husain

Publisher: Routledge

ISBN: 1351190091

Category: Social Science

Page: 190

View: 2076

Since 2007, the Supreme Court of Pakistan has emerged as a dominant force in Pakistani politics through its hyper-active use of judicial review, or the power to overrule Parliament’s laws and the Prime Minister’s acts. This hyper-activism was on display during the Supreme Court’s unilateral disqualification of Prime Minister Yousef Raza Gilani in 2012 under the leadership of Chief Justice Iftikhar Chaudhry. Despite the Supreme Court’s practical adoption of restraint subsequent to the retirement of Chief Justice Chaudhry in 2013, the Court has once again disqualified a prime minister, Nawaz Sharif, due to allegations of corruption in 2017. While many critics have focused on the substance of the Court’s decisions in these cases, sufficient focus is not paid to the amorphous case-selection process of the Supreme Court of Pakistan. In order to compare the relatively unregulated process of case-selection in Pakistan to the more structured processes utilized by the Supreme Courts of the United States’ and India, this book aims to understand the historical roots of judicial review in each country dating back to the colonial era extending through the foundational period of each nation impacting present-day jurisprudence. As a first in its kind, this study comparatively examines these periods of history in order to contextualize a practical prescription to standardize the case-selection process in the Supreme Court of Pakistan in a way that retains the Court’s overall power while limiting its involvement in purely political issues. This publication offers a critical and comparative view of the Supreme Court of Pakistan’s recent involvement in political disputes due to the lack of a discerning case-selection system that has otherwise been adopted by the Supreme Courts of India and the United States’ to varying degrees. It will be of interest to academics in the fields of Asian Law, South Asian Politics and Law and Comparative Law.
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Author: Milagros S. Simmons

Publisher: CRC Press

ISBN: 9780873711715

Category: Technology & Engineering

Page: 328

View: 6818

An essential component of all programs relating to waste management is the ability to perform measurements on-site for safe handling and disposal of hazardous wastes. This book focuses on recent developments in field testing methods and quality assurance, which are important to both RCRA and CLERLA hazardous waste management programs. The book highlights sampling strategies, field measurements, and toxicity screening of complex waste matrices. It also describes requirements for quality assurance intended to be used in hazardous wastes remediation, management, and control. Environmental scientists, analytical chemists, laboratory personnel, and other health professionals involved in the sampling, monitoring, and analysis of hazardous waste should consider this book an essential reference resource.
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Supranational Administrative Acts and Judicialized Compliance Conflict in the EU

Author: Christian Adam

Publisher: Springer

ISBN: 1137578327

Category: Political Science

Page: 179

View: 5321

This book unites scholarship on law and politics with compliance research in the EU to shed light on the political role of a neglected dimension of litigation in the EU: the political role of governmental actions for annulment. The book does not portray national governments as passive actors within the EU’s judicial arena. Instead it focuses on cases in which national governments turn to the Court of Justice to litigate against the European Commission, and provides several answers to the question of why EU member state governments take this decision. Governments hope, on the one hand, to evade costly domestic adjustments where the Commission uses administrative acts to interfere with domestic policy application. On the other hand, governments hope to provoke judicial law-making to influence the long-term development of EU administrative law and sectoral regulation. The book will be of particular interest to political scientists and legal scholars. .
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History, Nationalism, and Politics in Mexico since 1968

Author: Randal Sheppard

Publisher: University of New Mexico Press

ISBN: 0826356826

Category: History

Page: 368

View: 4898

Sheppard explores Mexico’s profound political, social, and economic changes through the lens of the persistent political power of Mexican revolutionary nationalism. By examining the major events and transformations in Mexico since 1968, he shows how historical myths such as the Mexican Revolution, Benito Juárez, and Emiliano Zapata as well as Catholic nationalism emerged during historical-commemoration ceremonies, in popular social and anti-neoliberal protest movements, and in debates between commentators, politicians, and intellectuals. Sheppard provides a new understanding of developments in Mexico since 1968 by placing these events in their historical context. The work further contributes to understandings of nationalism more generally by showing how revolutionary nationalism in Mexico functioned during a process of state dismantling rather than state building, and it shows how nationalism could serve as a powerful tool for non-elites to challenge the actions of those in power or to justify new citizenship rights as well as for elites seeking to ensure political stability.
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Narco-Violence and a Failed State?

Author: George W. Grayson

Publisher: Routledge

ISBN: 1351505505

Category: Political Science

Page: 275

View: 7644

* Mexico was named an Outstanding Academic Title of 2010 by Choice Magazine.Bloodshed connected with Mexican drug cartels, how they emerged, and their impact on the United States is the subject of this frightening book. Savage narcotics-related decapitations, castrations, and other murders have destroyed tourism in many Mexican communities and such savagery is now cascading across the border into the United States. Grayson explores how this spiral of violence emerged in Mexico, its impact on the country and its northern neighbor, and the prospects for managing it.Mexico's Institutional Revolutionary Party (PRI) ruled in Tammany Hall fashion for seventy-nine years before losing the presidency in 2000 to the center-right National Action Party (PAN). Grayson focuses on drug wars, prohibition, corruption, and other antecedents that occurred during the PRI's hegemony. He illuminates the diaspora of drug cartels and their fragmentation, analyzes the emergence of new gangs, sets forth President Felipe Calderi?1/2n's strategy against vicious criminal organizations, and assesses its relative success. Grayson reviews the effect of narcotics-focused issues in U.S.-Mexican relations. He considers the possibility that Mexico may become a failed state, as feared by opinion-leaders, even as it pursues an aggressive but thus far unsuccessful crusade against the importation, processing, and sale of illegal substances.Becoming a failed state involves two dimensions of state power: its scope, or the different functions and goals taken on by governments, and its strength, or the government's ability to plan and execute policies. The Mexican state boasts an extensive scope evidenced by its monopoly over the petroleum industry, its role as the major supplier of electricity, its financing of public education, its numerous retirement and health-care programs, its control of public universities, and its dominance
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