The Judiciary and Democratic Decay in Latin America

The Judiciary and Democratic Decay in Latin America

Author: William Prillaman

Publisher: Praeger

Published: 2000-04-30

Total Pages: 216

ISBN-13:

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Prillaman argues that a sound judiciary is critical for building popular support for democracy and laying the foundations for sustainable economic development, but that most Latin American governments have made virtually no progress toward building a more effective judiciary. He shows that the traditional approach to judicial reform is flawed on several levels. Reformers are wrong to focus on a single aspect of the judiciary on the assumption that one reform naturally leads to another. In fact, all aspects of the courts are so closely related that failure to reform one aspect creates a negative synergy that ultimately undermines the reformed areas. Instead, a successful reform strategy must simultaneously tackle independence, accountability, access, and efficiency; otherwise, it is virtually assured of failure. As Prillaman points out, judicial reform is not merely a technical process that can be isolated from broader economic and political forces. Rather, it is an inherently political process that will be opposed by forces ranging from politicians accustomed to stocking the courts to judges and court personnel reluctant to accept greater oversight and professional norms. Based on four case studies, Prillaman concludes that failed judicial reforms have led to growing support for mob lynching and vigilante justice that promises to fill the void created by ineffectual courts—ultimately challenging the quality and sustainability of democracy. An invaluable survey for political scientists, students, and researchers involved with democratic consolidation, institution building, and comparative judicial politics in Latin America specifically and the developing world in general.


Book Synopsis The Judiciary and Democratic Decay in Latin America by : William Prillaman

Download or read book The Judiciary and Democratic Decay in Latin America written by William Prillaman and published by Praeger. This book was released on 2000-04-30 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Prillaman argues that a sound judiciary is critical for building popular support for democracy and laying the foundations for sustainable economic development, but that most Latin American governments have made virtually no progress toward building a more effective judiciary. He shows that the traditional approach to judicial reform is flawed on several levels. Reformers are wrong to focus on a single aspect of the judiciary on the assumption that one reform naturally leads to another. In fact, all aspects of the courts are so closely related that failure to reform one aspect creates a negative synergy that ultimately undermines the reformed areas. Instead, a successful reform strategy must simultaneously tackle independence, accountability, access, and efficiency; otherwise, it is virtually assured of failure. As Prillaman points out, judicial reform is not merely a technical process that can be isolated from broader economic and political forces. Rather, it is an inherently political process that will be opposed by forces ranging from politicians accustomed to stocking the courts to judges and court personnel reluctant to accept greater oversight and professional norms. Based on four case studies, Prillaman concludes that failed judicial reforms have led to growing support for mob lynching and vigilante justice that promises to fill the void created by ineffectual courts—ultimately challenging the quality and sustainability of democracy. An invaluable survey for political scientists, students, and researchers involved with democratic consolidation, institution building, and comparative judicial politics in Latin America specifically and the developing world in general.


Transition To Democracy In Latin America

Transition To Democracy In Latin America

Author: Irwin P Stotzky

Publisher: Routledge

Published: 2019-06-04

Total Pages: 347

ISBN-13: 1000009882

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The transition to democracy in Latin America encompasses adjustments in norms and institutions regarding the strictures of the rule of law. This book addresses the critical role of the judiciary in the transition. The contributors examine the significance of the independence of the judiciary, which ensures institutional integrity and freedom from p


Book Synopsis Transition To Democracy In Latin America by : Irwin P Stotzky

Download or read book Transition To Democracy In Latin America written by Irwin P Stotzky and published by Routledge. This book was released on 2019-06-04 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: The transition to democracy in Latin America encompasses adjustments in norms and institutions regarding the strictures of the rule of law. This book addresses the critical role of the judiciary in the transition. The contributors examine the significance of the independence of the judiciary, which ensures institutional integrity and freedom from p


The Unfinished Transition to Democracy in Latin America

The Unfinished Transition to Democracy in Latin America

Author: Juan Carlos Calleros-Alarcón

Publisher: Routledge

Published: 2008-11-20

Total Pages: 260

ISBN-13: 1135907218

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This book examines the political evolution of the judiciary – a usually overlooked political actor – and its capacity to contribute to the process of democratic consolidation in Latin America during the 1990s. Calleros analyzes twelve countries in order to assess the independence, impartiality, political strength and efficiency of the judicial branch. The picture that emerges – with the one exception of Costa Rica – is the persistence of weak judicial systems, unable in practice to check other branches of government, including the executive and the military, while not quite effective in fully protecting human rights or in implementing due process of law guarantees. Aggravating issues, such as corruption, heavy case backlogs, overcrowding of prisons, circumvention of laws and personal vulnerability of judges, make the judiciary the least evolved of the three branches of government in the Latin American transitions to democracy.


Book Synopsis The Unfinished Transition to Democracy in Latin America by : Juan Carlos Calleros-Alarcón

Download or read book The Unfinished Transition to Democracy in Latin America written by Juan Carlos Calleros-Alarcón and published by Routledge. This book was released on 2008-11-20 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the political evolution of the judiciary – a usually overlooked political actor – and its capacity to contribute to the process of democratic consolidation in Latin America during the 1990s. Calleros analyzes twelve countries in order to assess the independence, impartiality, political strength and efficiency of the judicial branch. The picture that emerges – with the one exception of Costa Rica – is the persistence of weak judicial systems, unable in practice to check other branches of government, including the executive and the military, while not quite effective in fully protecting human rights or in implementing due process of law guarantees. Aggravating issues, such as corruption, heavy case backlogs, overcrowding of prisons, circumvention of laws and personal vulnerability of judges, make the judiciary the least evolved of the three branches of government in the Latin American transitions to democracy.


The Unfinished Transition to Democracy in Latin America

The Unfinished Transition to Democracy in Latin America

Author: Juan Carlos Calleros-Alarcón

Publisher:

Published: 2012

Total Pages: 0

ISBN-13: 9780415540742

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This book examines the political evolution of the judiciary - a usually overlooked political actor - and its capacity to contribute to the process of democratic consolidation in Latin America during the 1990s. Calleros analyzes twelve countries in order to assess the independence, impartiality, political strength and efficiency of the judicial branch. The picture that emerges - with the one exception of Costa Rica - is the persistence of weak judicial systems, unable in practice to check other branches of government, including the executive and the military, while not quite effective in fully protecting human rights or in implementing due process of law guarantees. Aggravating issues, such as corruption, heavy case backlogs, overcrowding of prisons, circumvention of laws and personal vulnerability of judges, make the judiciary the least evolved of the three branches of government in the Latin American transitions to democracy.


Book Synopsis The Unfinished Transition to Democracy in Latin America by : Juan Carlos Calleros-Alarcón

Download or read book The Unfinished Transition to Democracy in Latin America written by Juan Carlos Calleros-Alarcón and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the political evolution of the judiciary - a usually overlooked political actor - and its capacity to contribute to the process of democratic consolidation in Latin America during the 1990s. Calleros analyzes twelve countries in order to assess the independence, impartiality, political strength and efficiency of the judicial branch. The picture that emerges - with the one exception of Costa Rica - is the persistence of weak judicial systems, unable in practice to check other branches of government, including the executive and the military, while not quite effective in fully protecting human rights or in implementing due process of law guarantees. Aggravating issues, such as corruption, heavy case backlogs, overcrowding of prisons, circumvention of laws and personal vulnerability of judges, make the judiciary the least evolved of the three branches of government in the Latin American transitions to democracy.


Elusive Reform

Elusive Reform

Author: Mark Ungar

Publisher: Lynne Rienner Publishers

Published: 2002

Total Pages: 298

ISBN-13: 9781588260352

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Democracy cannot exist, proclaims Ungar (political science, City U. of New York-Brooklyn College) without the rule of law, which he defines as comprising an independent effective judiciary, state accountability to the law, and citizen accessibility to conflict-resolution mechanisms. He looks to Latin American countries to illustrate how stable democracies are undermined by executive power and judicial disarray that prevent the rule of law from taking hold. Annotation copyrighted by Book News, Inc., Portland, OR.


Book Synopsis Elusive Reform by : Mark Ungar

Download or read book Elusive Reform written by Mark Ungar and published by Lynne Rienner Publishers. This book was released on 2002 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: Democracy cannot exist, proclaims Ungar (political science, City U. of New York-Brooklyn College) without the rule of law, which he defines as comprising an independent effective judiciary, state accountability to the law, and citizen accessibility to conflict-resolution mechanisms. He looks to Latin American countries to illustrate how stable democracies are undermined by executive power and judicial disarray that prevent the rule of law from taking hold. Annotation copyrighted by Book News, Inc., Portland, OR.


The Judicialization of Politics in Latin America

The Judicialization of Politics in Latin America

Author: Rachel Sieder

Publisher: Springer

Published: 2016-04-30

Total Pages: 314

ISBN-13: 1137108878

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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.


Book Synopsis The Judicialization of Politics in Latin America by : Rachel Sieder

Download or read book The Judicialization of Politics in Latin America written by Rachel Sieder and published by Springer. This book was released on 2016-04-30 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


Courts in Latin America

Courts in Latin America

Author: Gretchen Helmke

Publisher: Cambridge University Press

Published: 2011-01-17

Total Pages: 353

ISBN-13: 1139497162

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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.


Book Synopsis Courts in Latin America by : Gretchen Helmke

Download or read book Courts in Latin America written by Gretchen Helmke and published by Cambridge University Press. This book was released on 2011-01-17 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


Fault Lines of Democracy in Post-transition Latin America

Fault Lines of Democracy in Post-transition Latin America

Author: Felipe Agüero

Publisher: Lynne Rienner Publishers

Published: 1998

Total Pages: 432

ISBN-13:

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Concerns about democratization in Latin America today center not on the threat of authoritarian regression, but on the depth, quality, fairness, and completeness of democratization thus far. Large-scale economic and social reforms, stronger and more complex civil societies, and processes of integration and globalization call for new approaches in order to understand the unfolding of democracy in the region. In this context, the contributors to this volume explore the often disjunctive aspects of Latin American democracy, providing a nuanced understanding of contemporary democratic governance.


Book Synopsis Fault Lines of Democracy in Post-transition Latin America by : Felipe Agüero

Download or read book Fault Lines of Democracy in Post-transition Latin America written by Felipe Agüero and published by Lynne Rienner Publishers. This book was released on 1998 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: Concerns about democratization in Latin America today center not on the threat of authoritarian regression, but on the depth, quality, fairness, and completeness of democratization thus far. Large-scale economic and social reforms, stronger and more complex civil societies, and processes of integration and globalization call for new approaches in order to understand the unfolding of democracy in the region. In this context, the contributors to this volume explore the often disjunctive aspects of Latin American democracy, providing a nuanced understanding of contemporary democratic governance.


Democracy and Security in Latin America

Democracy and Security in Latin America

Author: Gabriel Marcella

Publisher: Routledge

Published: 2021-11-05

Total Pages: 288

ISBN-13: 1000459098

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The COVID-19 pandemic has highlighted the need for governments to generate the necessary capacity to address important security and institutional challenges; this volume deepens our understanding of the nature and extent of state governance in Latin America. State capacity is multidimensional, with all elements interacting to produce stable governance and security. As such, a collection of scholars and practitioners use an explicit interdisciplinary approach, drawing on the contributions of history, political science, economics, public policy, military studies, and other fields to gain a rounded understanding of the link between security and democracy. Democracy and Security in Latin America is divided in two sections: Part 1 focuses on the challenges to governance and key institutions such as police, courts, armed forces. and the prison system. Part 2 features country case studies that illustrate particularly important security challenges and various means by which the state has confronted them. Democracy and Security in Latin America should appeal not only to those seeking to learn more about the capacity of the democratic state in Latin America to effectively provide public security in times of stress, but to all those curious about the reality that a democracy must have security to function.


Book Synopsis Democracy and Security in Latin America by : Gabriel Marcella

Download or read book Democracy and Security in Latin America written by Gabriel Marcella and published by Routledge. This book was released on 2021-11-05 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The COVID-19 pandemic has highlighted the need for governments to generate the necessary capacity to address important security and institutional challenges; this volume deepens our understanding of the nature and extent of state governance in Latin America. State capacity is multidimensional, with all elements interacting to produce stable governance and security. As such, a collection of scholars and practitioners use an explicit interdisciplinary approach, drawing on the contributions of history, political science, economics, public policy, military studies, and other fields to gain a rounded understanding of the link between security and democracy. Democracy and Security in Latin America is divided in two sections: Part 1 focuses on the challenges to governance and key institutions such as police, courts, armed forces. and the prison system. Part 2 features country case studies that illustrate particularly important security challenges and various means by which the state has confronted them. Democracy and Security in Latin America should appeal not only to those seeking to learn more about the capacity of the democratic state in Latin America to effectively provide public security in times of stress, but to all those curious about the reality that a democracy must have security to function.


Representation and Effectiveness in Latin American Democracies

Representation and Effectiveness in Latin American Democracies

Author: Moira B. MacKinnon

Publisher:

Published: 2015-06-23

Total Pages: 0

ISBN-13: 9781138926400

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Legislatures, the judiciary and civil society are important actors in representative democracies. In what ways and how well do they represent? And how effectively do they carry out their institutional and social roles? Designed to guide the reader through the complexities of the quality of democracy in Latin America, each expert engages in a larger set of theoretical debates about different approaches to representation in each sphere.


Book Synopsis Representation and Effectiveness in Latin American Democracies by : Moira B. MacKinnon

Download or read book Representation and Effectiveness in Latin American Democracies written by Moira B. MacKinnon and published by . This book was released on 2015-06-23 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legislatures, the judiciary and civil society are important actors in representative democracies. In what ways and how well do they represent? And how effectively do they carry out their institutional and social roles? Designed to guide the reader through the complexities of the quality of democracy in Latin America, each expert engages in a larger set of theoretical debates about different approaches to representation in each sphere.