High Courts and Economic Governance in Argentina and Brazil PDF Download

Author: Diana Kapiszewski
Publisher: Cambridge University Press
ISBN: 1139560522
Category : Political Science
Languages : en
Pages : 303

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Book Description
High Courts and Economic Governance in Argentina and Brazil analyzes how high courts and elected leaders in Latin America interacted over neoliberal restructuring, one of the most significant socioeconomic transformations in recent decades. Courts face a critical choice when deciding cases concerning national economic policy, weighing rule of law concerns against economic imperatives. Elected leaders confront equally difficult dilemmas when courts issue decisions challenging their actions. Based on extensive fieldwork in Argentina and Brazil, this study identifies striking variation in inter-branch interactions between the two countries. In Argentina, while the high court often defers to politicians in the economic realm, inter-branch relations are punctuated by tense bouts of conflict. The Brazilian high court and elected officials, by contrast, routinely accommodate one another in their decisions about economic policy. Diana Kapiszewski argues that the two high courts' contrasting characters - political in Argentina and statesman-like in Brazil - shape their decisions on controversial cases and condition how elected leaders respond to their rulings, channeling inter-branch interactions into persistent patterns.

Author: Matthias Vanhullebusch
Publisher: BRILL
ISBN: 9004538623
Category : Law
Languages : en
Pages : 485

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Book Description
The Asian Yearbook of Human Rights and Humanitarian Law aims to publish peer-reviewed scholarly articles and reviews as well as significant developments in human rights and humanitarian law. It examines international human rights and humanitarian law with a global reach, though its particular focus is on the Asian region. Volume 7 of the Yearbook covers a wide range of topics, which have been organized along four central themes: Human Rights Protection and Erosion during the (Post-) COVID-19 Pandemic; Economic, Social and Environmental Rights Contestation and Evolution; Human Rights Protection of Vulnerable Persons; and Human Rights and Democratic Values under Threat.

Author: Gretchen Helmke
Publisher: Cambridge University Press
ISBN: 1139497162
Category : Political Science
Languages : en
Pages : 353

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Book Description
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.

Author: Valeria Palanza
Publisher: Cambridge University Press
ISBN: 1108682952
Category : Political Science
Languages : en
Pages : 267

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Book Description
A central concern about the robustness of democratic rule in new democracies is the concentration of power in the executive branch and the potential this creates for abuse. This concern is felt particularly with regard to the concentration of legislative power. Checking Presidential Power explains the levels of reliance on executive decrees in a comparative perspective. Building on the idea of institutional commitment, which affects the enforcement of decision-making rules, Palanza describes the degree to which countries rely on executive decree authority as more reliance may lead to unbalanced presidential systems and will ultimately affect democratic quality. Breaking new ground by both theorizing and empirically analyzing decree authority from a comparative perspective, this book examines policy making in separation of powers systems. It explains the choice between decrees and statutes, and why legislators are sometimes profoundly engaged in the legislative process and yet other times entirely withdrawn from it.

Author: Yasser Kureshi
Publisher: Cambridge University Press
ISBN: 1009035878
Category : Law
Languages : en
Pages : 309

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Book Description
The emergence of the judiciary as an assertive and confrontational center of power has been the most consequential new feature of Pakistan's political system. This book maps out the evolution of the relationship between the judiciary and military in Pakistan, explaining why Pakistan's high courts shifted from loyal deference to the military to open competition, and confrontation, with military and civilian institutions. Yasser Kureshi demonstrates that a shift in the audiences shaping judicial preferences explains the emergence of the judiciary as an assertive power center. As the judiciary gradually embraced less deferential institutional preferences, a shift in judicial preferences took place and the judiciary sought to play a more expansive and authoritative political role. Using this audience-based approach, Kureshi roots the judiciary in its political, social and institutional context, and develops a generalizable framework that can explain variation and change in judicial-military relations around the world.

Author: Javier Couso
Publisher: Cambridge University Press
ISBN: 0521767237
Category : Law
Languages : en
Pages : 305

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Book Description
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.

Author: Diana Kapiszewski
Publisher:
ISBN: 9781139549363
Category : LAW
Languages : en
Pages : 304

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Book Description
High Courts and Economic Governance in Argentina and Brazil analyzes how high courts and elected leaders in Latin America interacted over neoliberal restructuring, one of the most significant socioeconomic transformations in recent decades. Courts face a critical choice when deciding cases concerning national economic policy, weighing rule of law concerns against economic imperatives. Elected leaders confront equally difficult dilemmas when courts issue decisions challenging their actions. Based on extensive fieldwork in Argentina and Brazil, this study identifies striking variation in inter-branch interactions between the two countries. In Argentina, while high courts often defer to politicians in the economic realm, inter-branch relations are punctuated by tense bouts of conflict. Brazilian courts and elected officials, by contrast, routinely accommodate one another in their decisions about economic policy. Diana Kapiszewski argues that the two high courts contrasting characters political in Argentina and statesman-like in Brazil shaped their decisions on controversial cases and conditioned how elected leaders responded to their rulings, channeling inter-branch interactions into persistent patterns.

Author: David K. Linnan
Publisher: Routledge
ISBN: 1317105826
Category : Law
Languages : en
Pages : 475

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Book Description
This book addresses critical questions about how legal development works in practice. Can law be employed to shape behavior as a form of social engineering, or must social behavior change first, relegating legal change to follow as ratification or reinforcement? And what is legal development's source of legitimacy if not modernization? But by the same token, whose version of modernization will predominate absent a Western monopoly on change? There are now legal development alternatives, especially from Asia, so we need a better way to ask the right questions of different approaches primarily in (non-Western) Asia, Africa, the Islamic world, plus South America. Incoming waves of change like the 'Arab spring' lie on the horizon. Meanwhile, debates are sharpening about law's role in economic development versus democracy and governance under the rubric of the rule of law. More than a general survey of law and modernization theory and practice, this work is a timely reference for practitioners of institutional reform, and a thought-provoking interdisciplinary collection of essays in an area of renewed practical and scholarly interest. The contributors are a distinguished international group of scholars and practitioners of law, development, social sciences, and religion with extensive experience in the developing world.

Author: Maria Popova
Publisher: Cambridge University Press
ISBN: 1107014891
Category : Law
Languages : en
Pages : 211

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Book Description
This book proposes a strategic pressure theory that argues that in emerging democracies, political competition eggs on rather than restrains power-hungry politicians.

Author: Genevieve M. Kehoe
Publisher: Texas A&M University Press
ISBN: 1623491606
Category : Political Science
Languages : en
Pages : 309

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Book Description
Presidents of nations with constitutionally imposed term limits are often viewed as growing weaker as they approach the end of their time in office. However, in this important new study, political scientist Genevieve M. Kehoe argues that because such chief executives are free from reelection constraint and often still enthusiastic to create a legacy by pursuing bold projects, they may accomplish significant initiatives. Kehoe has developed a concept for this which she calls “Terminal Logic Behavior” (TLB). Presidents and Terminal Logic Behavior: Term Limits and Executive Action in the United States, Brazil, and Argentina provides both case studies and quantitative evidence to show how US presidents of the last three decades have utilized decrees on foreign, domestic, and environment policy during their final months in office. She finds a systematic pattern of decree use consistent with the mark of TLB in a most unexpected place—presidents’ use of national emergency powers. In a careful comparative analysis, she also finds support for her argument in the Argentinean and Brazilian experience of the same period.