Comparing Transitions to Democracy. Law and Justice in South America and Europe

Comparing Transitions to Democracy. Law and Justice in South America and Europe

Author: Cristiano Paixão

Publisher: Springer Nature

Published: 2021-10-01

Total Pages: 323

ISBN-13: 3030675025

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This present book examines some of the key features of the interplay between legal history, authoritarian rule and political transitions in Brazil and other countries from the end of 20th Century until today. This book casts light on these aspects of the role of law and legal actors/institutions. In the context of transition from authoritarian rule to democratic state, Brazil has produced a significant literature on the challenges and shortcomings of the transition, but little attention has been given to the role of law and legal actors/institutions. Different approaches focus on the legal mechanisms, discourses and practices used by the military regime and by the players involved in the political transition process in Brazil. A comparative perspective that takes into account different political transitions – and their legal consequences – in Europe and Latin America complements the analysis. Part 1 (4 essays) discusses some of the central issues of political transition and legal history in contemporary Brazil, focusing on the time of the transition (and its effects on transitional justice) with different perspectives, from racial and gender issues to constitutional reform and police repression. Part 2 (3 essays) brings the comparative studies on South American experiences. Part 3 (4 essays) analyses different cases of transition to democracy in Chile, Portugal, Spain and Italy. Part 4 (3 essays) proposes a historiographical and methodological approach, considering the politics of time involved in the interplay between political transitions and legal history.


Book Synopsis Comparing Transitions to Democracy. Law and Justice in South America and Europe by : Cristiano Paixão

Download or read book Comparing Transitions to Democracy. Law and Justice in South America and Europe written by Cristiano Paixão and published by Springer Nature. This book was released on 2021-10-01 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: This present book examines some of the key features of the interplay between legal history, authoritarian rule and political transitions in Brazil and other countries from the end of 20th Century until today. This book casts light on these aspects of the role of law and legal actors/institutions. In the context of transition from authoritarian rule to democratic state, Brazil has produced a significant literature on the challenges and shortcomings of the transition, but little attention has been given to the role of law and legal actors/institutions. Different approaches focus on the legal mechanisms, discourses and practices used by the military regime and by the players involved in the political transition process in Brazil. A comparative perspective that takes into account different political transitions – and their legal consequences – in Europe and Latin America complements the analysis. Part 1 (4 essays) discusses some of the central issues of political transition and legal history in contemporary Brazil, focusing on the time of the transition (and its effects on transitional justice) with different perspectives, from racial and gender issues to constitutional reform and police repression. Part 2 (3 essays) brings the comparative studies on South American experiences. Part 3 (4 essays) analyses different cases of transition to democracy in Chile, Portugal, Spain and Italy. Part 4 (3 essays) proposes a historiographical and methodological approach, considering the politics of time involved in the interplay between political transitions and legal history.

Constitutionalism and Democracy

Constitutionalism and Democracy

Author: American Council of Learned Societies

Publisher: Oxford University Press on Demand

Published: 1993

Total Pages: 416

ISBN-13: 0195071077

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"The American Council of Learned Societies comparative constitutionalism papers."--T.p.


Book Synopsis Constitutionalism and Democracy by : American Council of Learned Societies

Download or read book Constitutionalism and Democracy written by American Council of Learned Societies and published by Oxford University Press on Demand. This book was released on 1993 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The American Council of Learned Societies comparative constitutionalism papers."--T.p.

Innovation and Transition in Law: Experiences and Theoretical Settings

Innovation and Transition in Law: Experiences and Theoretical Settings

Author:

Publisher: Dykinson

Published:

Total Pages:

ISBN-13: 8413773091

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This book features a discussion on the modernisation of law and legal change, focusing on the key concepts of innovation" and "transition". These concepts both appear to be relevant and poorly defined in contemporary legal science. A critical reflection on the heuristic value of these categories seems appropriate, particularly considering their dyadic value. While innovation is increasingly appearing in the present day as being the category in which one looks at the modernisation of law, the concept of transition also seems to be the privileged place of occurrence for such dynamics. This group of Italian and Brazilian scholars contributing to this volume intends to investigate such problems through an interdisciplinary prism. It includes points of view both internal to legal studies - such as the history of law, theory of law, constitutional law, private law and commercial law - and external, such as political philosophy and history of justice and political institutions.


Book Synopsis Innovation and Transition in Law: Experiences and Theoretical Settings by :

Download or read book Innovation and Transition in Law: Experiences and Theoretical Settings written by and published by Dykinson. This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book features a discussion on the modernisation of law and legal change, focusing on the key concepts of innovation" and "transition". These concepts both appear to be relevant and poorly defined in contemporary legal science. A critical reflection on the heuristic value of these categories seems appropriate, particularly considering their dyadic value. While innovation is increasingly appearing in the present day as being the category in which one looks at the modernisation of law, the concept of transition also seems to be the privileged place of occurrence for such dynamics. This group of Italian and Brazilian scholars contributing to this volume intends to investigate such problems through an interdisciplinary prism. It includes points of view both internal to legal studies - such as the history of law, theory of law, constitutional law, private law and commercial law - and external, such as political philosophy and history of justice and political institutions.

Judicial Responsibility and Coups d’État

Judicial Responsibility and Coups d’État

Author: Kriangsak Kittichaisaree

Publisher: Taylor & Francis

Published: 2023-02-10

Total Pages: 265

ISBN-13: 1000836290

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This book examines the responsibility of judges of domestic courts following unconstitutional usurpation of power of government (coups d’état). It explores judges’ liability for failing to discharge their judicial duty independently and impartially, and the criminality of usurpers and their accomplices and collaborators for their violation of fundamental rights and freedoms or commission of crimes of international concern. Written by a highly regarded non-Western author, the book is coherent and meticulously researched, covering an approach to coups in an insightful and fascinating fashion. It includes a sophisticated and thorough analysis of the relevant comparative jurisprudence of domestic and international courts, with concrete examples of the best practices among decisions of domestic courts in countries that have experienced coups d’état. With an increasing global interest in the phenomenon of coups, democratic backsliding and the place and role of the judiciary as the only hope to rein in acts of unconstitutional usurpation of power, the book will be essential reading for members of the legal profession, those cherishing democracy as well as students and researchers in constitutional law, law and political science, public international law, international human rights law, international criminal law, regime changes, transitional justice and international organizations.


Book Synopsis Judicial Responsibility and Coups d’État by : Kriangsak Kittichaisaree

Download or read book Judicial Responsibility and Coups d’État written by Kriangsak Kittichaisaree and published by Taylor & Francis. This book was released on 2023-02-10 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the responsibility of judges of domestic courts following unconstitutional usurpation of power of government (coups d’état). It explores judges’ liability for failing to discharge their judicial duty independently and impartially, and the criminality of usurpers and their accomplices and collaborators for their violation of fundamental rights and freedoms or commission of crimes of international concern. Written by a highly regarded non-Western author, the book is coherent and meticulously researched, covering an approach to coups in an insightful and fascinating fashion. It includes a sophisticated and thorough analysis of the relevant comparative jurisprudence of domestic and international courts, with concrete examples of the best practices among decisions of domestic courts in countries that have experienced coups d’état. With an increasing global interest in the phenomenon of coups, democratic backsliding and the place and role of the judiciary as the only hope to rein in acts of unconstitutional usurpation of power, the book will be essential reading for members of the legal profession, those cherishing democracy as well as students and researchers in constitutional law, law and political science, public international law, international human rights law, international criminal law, regime changes, transitional justice and international organizations.

Three Generations of European Constitutional Courts in Transition to Democracy

Three Generations of European Constitutional Courts in Transition to Democracy

Author: Francesco Biagi

Publisher: Cambridge University Press

Published: 2020-01-02

Total Pages: 261

ISBN-13: 1108489397

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A comparative perspective of role played by three generations of European Constitutional Courts in the process of transition to democracy.


Book Synopsis Three Generations of European Constitutional Courts in Transition to Democracy by : Francesco Biagi

Download or read book Three Generations of European Constitutional Courts in Transition to Democracy written by Francesco Biagi and published by Cambridge University Press. This book was released on 2020-01-02 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative perspective of role played by three generations of European Constitutional Courts in the process of transition to democracy.

Perpetration and Complicity under Nazism and Beyond

Perpetration and Complicity under Nazism and Beyond

Author: Mary Fulbrook

Publisher: Bloomsbury Publishing

Published: 2023-07-13

Total Pages: 305

ISBN-13: 1350327794

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Perpetration and Complicity under Nazism and Beyond analyses perpetration and complicity under National Socialism and beyond. Contributors based in the UK, the USA, Canada, Germany, Israel and Chile reflect on self-understandings, representations and narratives of involvement in collective violence both at the time and later – a topic that remains highly relevant today. Using the notion of 'compromised identities' to think about contentious questions relating to empathy and complicity, this inter-disciplinary collection addresses the complex relationships between people's behaviours and self-understandings through and beyond periods of collective violence. Contributors explore the compromises that individuals, states and societies enter into both during and after such violence. Case studies highlight patterns of complicity and involvement in perpetration, and analyse how people's stories evolve under changing circumstances and through social interaction, using varying strategies of justification, denial and rationalisation. Each chapter also considers the ways in which contemporary responses and scholarly practices may be affected by engagement with perpetrator representations.


Book Synopsis Perpetration and Complicity under Nazism and Beyond by : Mary Fulbrook

Download or read book Perpetration and Complicity under Nazism and Beyond written by Mary Fulbrook and published by Bloomsbury Publishing. This book was released on 2023-07-13 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Perpetration and Complicity under Nazism and Beyond analyses perpetration and complicity under National Socialism and beyond. Contributors based in the UK, the USA, Canada, Germany, Israel and Chile reflect on self-understandings, representations and narratives of involvement in collective violence both at the time and later – a topic that remains highly relevant today. Using the notion of 'compromised identities' to think about contentious questions relating to empathy and complicity, this inter-disciplinary collection addresses the complex relationships between people's behaviours and self-understandings through and beyond periods of collective violence. Contributors explore the compromises that individuals, states and societies enter into both during and after such violence. Case studies highlight patterns of complicity and involvement in perpetration, and analyse how people's stories evolve under changing circumstances and through social interaction, using varying strategies of justification, denial and rationalisation. Each chapter also considers the ways in which contemporary responses and scholarly practices may be affected by engagement with perpetrator representations.

The Bloomsbury Handbook of the Spanish Civil War

The Bloomsbury Handbook of the Spanish Civil War

Author: Antonio Cazorla-Sanchez

Publisher: Bloomsbury Publishing

Published: 2023-11-30

Total Pages: 521

ISBN-13: 1350230413

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In 25 innovative thematic essays, The Bloomsbury Handbook of the Spanish Civil War sees an interdisciplinary team of scholars examine a conflict that, more than 80 years after its conclusion, continues to generate both scholarly and public controversy. Split into four main sections covering Military and Diplomatic Issues, Society and Culture, Politics, and Debates, the volume offers a number of unique features. It is unprecedented in its comprehensiveness and includes chapters on topics that are rarely, if ever, explored in the literature of the field: humanitarianism, children and families, material conditions, the decimation of elites, archives and sources, archaeological approaches, digital approaches, public history, and cultural studies approaches. Instead of discussing each of the two warring sides, Republicans and Francoists, separately, as is so often the case, the book's thematic structure means that these opposing forces are examined together, facilitating comparison and fresh understanding in numerous areas of study. Contributors from the UK, the USA, Canada, Spain and Denmark also analyse the major controversies and disputes surrounding each topic as part of a detailed exploration of one of the seminal events of the 20th century.


Book Synopsis The Bloomsbury Handbook of the Spanish Civil War by : Antonio Cazorla-Sanchez

Download or read book The Bloomsbury Handbook of the Spanish Civil War written by Antonio Cazorla-Sanchez and published by Bloomsbury Publishing. This book was released on 2023-11-30 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 25 innovative thematic essays, The Bloomsbury Handbook of the Spanish Civil War sees an interdisciplinary team of scholars examine a conflict that, more than 80 years after its conclusion, continues to generate both scholarly and public controversy. Split into four main sections covering Military and Diplomatic Issues, Society and Culture, Politics, and Debates, the volume offers a number of unique features. It is unprecedented in its comprehensiveness and includes chapters on topics that are rarely, if ever, explored in the literature of the field: humanitarianism, children and families, material conditions, the decimation of elites, archives and sources, archaeological approaches, digital approaches, public history, and cultural studies approaches. Instead of discussing each of the two warring sides, Republicans and Francoists, separately, as is so often the case, the book's thematic structure means that these opposing forces are examined together, facilitating comparison and fresh understanding in numerous areas of study. Contributors from the UK, the USA, Canada, Spain and Denmark also analyse the major controversies and disputes surrounding each topic as part of a detailed exploration of one of the seminal events of the 20th century.

The Third Wave

The Third Wave

Author: Samuel P. Huntington

Publisher: University of Oklahoma Press

Published: 2012-09-06

Total Pages: 388

ISBN-13: 0806186046

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Between 1974 and 1990 more than thirty countries in southern Europe, Latin America, East Asia, and Eastern Europe shifted from authoritarian to democratic systems of government. This global democratic revolution is probably the most important political trend in the late twentieth century. In The Third Wave, Samuel P. Huntington analyzes the causes and nature of these democratic transitions, evaluates the prospects for stability of the new democracies, and explores the possibility of more countries becoming democratic. The recent transitions, he argues, are the third major wave of democratization in the modem world. Each of the two previous waves was followed by a reverse wave in which some countries shifted back to authoritarian government. Using concrete examples, empirical evidence, and insightful analysis, Huntington provides neither a theory nor a history of the third wave, but an explanation of why and how it occurred. Factors responsible for the democratic trend include the legitimacy dilemmas of authoritarian regimes; economic and social development; the changed role of the Catholic Church; the impact of the United States, the European Community, and the Soviet Union; and the "snowballing" phenomenon: change in one country stimulating change in others. Five key elite groups within and outside the nondemocratic regime played roles in shaping the various ways democratization occurred. Compromise was key to all democratizations, and elections and nonviolent tactics also were central. New democracies must deal with the "torturer problem" and the "praetorian problem" and attempt to develop democratic values and processes. Disillusionment with democracy, Huntington argues, is necessary to consolidating democracy. He concludes the book with an analysis of the political, economic, and cultural factors that will decide whether or not the third wave continues. Several "Guidelines for Democratizers" offer specific, practical suggestions for initiating and carrying out reform. Huntington's emphasis on practical application makes this book a valuable tool for anyone engaged in the democratization process. At this volatile time in history, Huntington's assessment of the processes of democratization is indispensable to understanding the future of democracy in the world.


Book Synopsis The Third Wave by : Samuel P. Huntington

Download or read book The Third Wave written by Samuel P. Huntington and published by University of Oklahoma Press. This book was released on 2012-09-06 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: Between 1974 and 1990 more than thirty countries in southern Europe, Latin America, East Asia, and Eastern Europe shifted from authoritarian to democratic systems of government. This global democratic revolution is probably the most important political trend in the late twentieth century. In The Third Wave, Samuel P. Huntington analyzes the causes and nature of these democratic transitions, evaluates the prospects for stability of the new democracies, and explores the possibility of more countries becoming democratic. The recent transitions, he argues, are the third major wave of democratization in the modem world. Each of the two previous waves was followed by a reverse wave in which some countries shifted back to authoritarian government. Using concrete examples, empirical evidence, and insightful analysis, Huntington provides neither a theory nor a history of the third wave, but an explanation of why and how it occurred. Factors responsible for the democratic trend include the legitimacy dilemmas of authoritarian regimes; economic and social development; the changed role of the Catholic Church; the impact of the United States, the European Community, and the Soviet Union; and the "snowballing" phenomenon: change in one country stimulating change in others. Five key elite groups within and outside the nondemocratic regime played roles in shaping the various ways democratization occurred. Compromise was key to all democratizations, and elections and nonviolent tactics also were central. New democracies must deal with the "torturer problem" and the "praetorian problem" and attempt to develop democratic values and processes. Disillusionment with democracy, Huntington argues, is necessary to consolidating democracy. He concludes the book with an analysis of the political, economic, and cultural factors that will decide whether or not the third wave continues. Several "Guidelines for Democratizers" offer specific, practical suggestions for initiating and carrying out reform. Huntington's emphasis on practical application makes this book a valuable tool for anyone engaged in the democratization process. At this volatile time in history, Huntington's assessment of the processes of democratization is indispensable to understanding the future of democracy in the world.

Transitional Justice in Latin America

Transitional Justice in Latin America

Author: Elin Skaar

Publisher: Routledge

Published: 2016-10-27

Total Pages: 318

ISBN-13: 1317526201

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This book addresses current developments in transitional justice in Latin America – effectively the first region to undergo concentrated transitional justice experiences in modern times. Using a comparative approach, it examines trajectories in truth, justice, reparations, and amnesties in countries emerging from periods of massive violations of human rights and humanitarian law. The book examines the cases of Argentina, Brazil, Chile, Colombia, Guatemala, El Salvador, Paraguay, Peru and Uruguay, developing and applying a common analytical framework to provide a systematic, qualitative and comparative analysis of their transitional justice experiences. More specifically, the book investigates to what extent there has been a shift from impunity towards accountability for past human rights violations in Latin America. Using ‘thick’, but structured, narratives – which allow patterns to emerge, rather than being imposed – the book assesses how the quality, timing and sequencing of transitional justice mechanisms, along with the context in which they appear, have mattered for the nature and impact of transitional justice processes in the region. Offering a new approach to assessing transitional justice, and challenging many assumptions in the established literature, this book will be of enormous benefit to scholars and others working in this area.


Book Synopsis Transitional Justice in Latin America by : Elin Skaar

Download or read book Transitional Justice in Latin America written by Elin Skaar and published by Routledge. This book was released on 2016-10-27 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses current developments in transitional justice in Latin America – effectively the first region to undergo concentrated transitional justice experiences in modern times. Using a comparative approach, it examines trajectories in truth, justice, reparations, and amnesties in countries emerging from periods of massive violations of human rights and humanitarian law. The book examines the cases of Argentina, Brazil, Chile, Colombia, Guatemala, El Salvador, Paraguay, Peru and Uruguay, developing and applying a common analytical framework to provide a systematic, qualitative and comparative analysis of their transitional justice experiences. More specifically, the book investigates to what extent there has been a shift from impunity towards accountability for past human rights violations in Latin America. Using ‘thick’, but structured, narratives – which allow patterns to emerge, rather than being imposed – the book assesses how the quality, timing and sequencing of transitional justice mechanisms, along with the context in which they appear, have mattered for the nature and impact of transitional justice processes in the region. Offering a new approach to assessing transitional justice, and challenging many assumptions in the established literature, this book will be of enormous benefit to scholars and others working in this area.

Democratic Transition and Constitutional Justice: Post Reformasi Constitutional Adjudication in Indonesia

Democratic Transition and Constitutional Justice: Post Reformasi Constitutional Adjudication in Indonesia

Author: Iwan Satriawan

Publisher: IIUM PRESS

Published: 2020-05-04

Total Pages: 248

ISBN-13: 967491031X

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The fall of New Order Regime under President Suharto saw the emergence of Reformasi (Reformation) and the beginning of various institutional and governmental changes done in the pursuit of democracy in Indonesia. Constitutional justice is fundamental to the success of democratic transition in the country. One of the results democratic reform and constitutional changes after Reformasi in 1998 is the establishment of the Constitutional Court of the Republic of Indonesia.


Book Synopsis Democratic Transition and Constitutional Justice: Post Reformasi Constitutional Adjudication in Indonesia by : Iwan Satriawan

Download or read book Democratic Transition and Constitutional Justice: Post Reformasi Constitutional Adjudication in Indonesia written by Iwan Satriawan and published by IIUM PRESS. This book was released on 2020-05-04 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fall of New Order Regime under President Suharto saw the emergence of Reformasi (Reformation) and the beginning of various institutional and governmental changes done in the pursuit of democracy in Indonesia. Constitutional justice is fundamental to the success of democratic transition in the country. One of the results democratic reform and constitutional changes after Reformasi in 1998 is the establishment of the Constitutional Court of the Republic of Indonesia.