Constitucional limits on the power of the executive
Elsa Genoveva Guerra Rodríguez
Traditionally relegated because of political pressure and public expectations, courts in Latin America are increasingly asserting a stronger role in public and political discussions. This casebook takes account of this phenomenon, by offering a rigorous and up-to-date discussion of constitutional adjudication in Latin America in recent decades. Bringing to the forefront the development of constitutional law by Latin American courts in various subject matters, the volume aims to highlight a host of creative arguments and solutions that judges in the region have offered.
The authors review and discuss innovative case law in light of the countries’ social, political and legal context. Each chapter is devoted to a discussion of a particular area of judicial review, from freedom of expression to social and economic rights, from the internalization of human rights law to judicial checks on the economy, from gender and reproductive rights to transitional justice. The book thus provides a very useful tool to scholars, students and litigants alike.
Drug laws in Latin America: The Legal, Institutional and Social Costs of Drug Policy
Catalina Pérez Correa, Alejandro Madrazo LajousAcceder
Judicial Review and Rights Protection in Latin America: The Debate on the Regionalization of Activism
Francisca Pou Giménez
2015 | Routledge
Over the past two decades, legal thought and practice in Latin America have changed dramatically: new constitutions or constitutional reforms have consolidated democratic rule, fundamental innovations have been introduced in state institutions, social movements have turned to law to advance their causes, and processes of globalization have had profound effects on legal norms and practices. Law and Society in Latin America: A New Map offers the first systematic assessment by leading Latin American socio-legal scholars of the momentous transformations in the region.
Through an interdisciplinary and comparative lens, contributors analyze the central advances and dilemmas of contemporary Latin American law. Among them are pioneering jurisprudence and legal mobilization for the fulfillment of socioeconomic rights in a highly unequal region, the rise of multicultural constitutionalism and legal struggles around identity politics, the globalization of legal education and practice, tensions between developmental policies and environmental justice, and the emergence of a regional human rights system. These and other processes have not only radically altered the institutional landscape of the region, but also produced academic and practical innovations that are of global interest and defy conventional accounts of Latin American law inherited from law-and-development studies.
Painting a portrait of the new Latin American legal thought for an international audience, Law and Society in Latin America: A New Map will be of particular interest to students of comparative law, legal mobilization, and Latin American politics.
Constitutional Change and the Supreme Court Institutional Architecture: Decisional Indeterminacy as an Obstacle to Legitimacy
Francisca Pou Giménez
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.
Society, the State, and Recognition of the Right to a Self-Perceived Gender Identity
Laura Saldivia Menajovsky
2019 | Taylor & Francis Group
In recent years formal and informal initiatives aimed at recognizing the rights of people with diverse sexual orientations and gender identities have carved out an important place on the global geopolitical stage, advanced through dissection, debate, and reformulation of diverse national and international experiences. These initiatives have been combined creatively and effectively both to facilitate their inclusion in a common body of law and their dissemination throughout the international human rights system. Argentina has played a central role in this regard. This work reviews the struggle for recognition of the rights of transgender persons. It emphasizes the democratic nature of such struggle. Subsequently, it explores the general context in Latin America regarding acceptance of the gender depathologization paradigm, and concludes with some brief final reflections.Acceder
Supreme and Constitutional Courts: Directions in Constitutional Justice
Francisca Pou GiménezAcceder
2019 | Routledge
Creole radical feminist transitional justice: An exploration of Colombian feminism in the context of armed conflict
María Lina Céspedes BáezAcceder
2018 | Routledge
Landscapes of Property: Socio-Legal Perspectives from Latin America
Tatiana Alfonso Sierra
2019 | Routledge
The study of property in Latin America came out of the traditional law school room toward the social laboratory of socio-legal scholars a long time ago with the impulse to understand and explain how property rights and relations work in society. This chapter presents a review of the socio-legal literature on property in the region and organizes the discussions in four areas: (1) the debates about the relation between property and development; (2) the binary of formality versus informality of property rights; (3) legal pluralism on property rights; and (4) the liminality of property in a globalized age. This structure aims to show that an initial common interest on law in action around property has evolved into different subfields creating a fragmented landscape of property issues. The chapter includes a fifth area in which the study and defense of territorial rights of ethnic groups in Latin America is starting to use a property theory framework to advance claims of autonomy. As the chapter shows the fragmentation and divides in the discussions about property in society, it identifies research lines that may be instrumental to integrate some of the debates of the literature for understanding what the author calls configurations of property, and advocates for an integrated socio-legal understanding of property rights and their constitutive role in social relations.Acceder
Routledge Handbook of Law and Society in Latin America
Karina, ed. Ansolabehere, Rachel, ed. Sieder, Tatiana Alfonso Sierra, Marta Rodríguez de Assis Machado
2019 | Routledge
In common with other regional traditions of law and society studies, law and society research in Latin America is concerned with the relationship between law – understood broadly as norms, institutions, and practices – and long-run patterns of development, political environment, institutional forms, and cultural specificities. However, as we argue in this introduction, even when it is impossible to characterize such a diverse region, the distinctive contours of socio-legal research in Latin America have been particularly shaped over time by key political and historical junctures, and by the changing nature of the socio-legal academy. 1 Unsurprisingly, law and society scholarship in the late twentieth century was marked by shifts in the region’s political history: from the initial optimism about legal transplants during the period of the Alliance for Progress, and the subsequent law and development movement, through the pessimism of the years of dictatorship when authoritarian legal orders were consolidated, to the role that human rights and new constitutional orders have played in numerous states following transitions from authoritarian rule and civil war. More recently, scholarship has focused on issues such as the justiciability of the rights of indigenous and Afrodescendant peoples, the relationship between law and legal institutions, and social change, or the judicialization of governmental corruption that has led to highly charged confrontations between executives, legislatures, and the judiciary in many countries of the region.Acceder
Gender equality and taxation in Argentina
Natalia Gherardi, Corina Rodríguez Enríquez, Darío Alejandro Rossignolo
2010 | Routledge
Equity issues are again attracting attention from academics and policy analysts concerned with taxation. This book makes a substantial contribution to this new awareness by emphasizing the important role that gender, like other social stratifications such as race and income, often plays in determining the impact of taxation on well-being.Acceder