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Author: Almut Schilling-Vacaflor Publisher: Routledge ISBN: 131708862X Category : Political Science Languages : en Pages : 447
Book Description
Latin America has a long tradition of constitutional reform. Since the democratic transitions of the 1980s, most countries have amended their constitutions at least once, and some have even undergone constitutional reform several times. The global phenomenon of a new constitutionalism, with enhanced rights provisions, finds expression in the region, but the new constitutions, such as those of Bolivia, Colombia, Ecuador and Venezuela, also have some peculiar characteristics which are discussed in this important book. Authors from a number of different disciplines offer a general overview of constitutional reforms in Latin America since 1990. They explore the historical, philosophical and doctrinal differences between traditional and new constitutionalism in Latin America and examine sources of inspiration. The book also covers sociopolitical settings, which factors and actors are relevant for the reform process, and analyzes the constitutional practices after reform, including the question of whether the recent constitutional reforms created new post-liberal democracies with an enhanced human and social rights record, or whether they primarily serve the ambitions of new political leaders.
Author: Almut Schilling-Vacaflor Publisher: Routledge ISBN: 131708862X Category : Political Science Languages : en Pages : 447
Book Description
Latin America has a long tradition of constitutional reform. Since the democratic transitions of the 1980s, most countries have amended their constitutions at least once, and some have even undergone constitutional reform several times. The global phenomenon of a new constitutionalism, with enhanced rights provisions, finds expression in the region, but the new constitutions, such as those of Bolivia, Colombia, Ecuador and Venezuela, also have some peculiar characteristics which are discussed in this important book. Authors from a number of different disciplines offer a general overview of constitutional reforms in Latin America since 1990. They explore the historical, philosophical and doctrinal differences between traditional and new constitutionalism in Latin America and examine sources of inspiration. The book also covers sociopolitical settings, which factors and actors are relevant for the reform process, and analyzes the constitutional practices after reform, including the question of whether the recent constitutional reforms created new post-liberal democracies with an enhanced human and social rights record, or whether they primarily serve the ambitions of new political leaders.
Author: Ruth Rubio-Marín Publisher: Oxford University Press ISBN: 0192565125 Category : Political Science Languages : en Pages : 367
Book Description
Around the world, we see a 'participatory turn' in the pursuit of gender equality, exemplified by the adoption of gender quotas in national legislatures to promote women's role as decision-makers. We also see a 'pluralism turn', with increasing legal recognition given to the customary law or religious law of minority groups and indigenous peoples. To date, the former trend has primarily benefitted majority women, and the latter has primarily benefitted minority men. Neither has effectively ensured the participation of minority women. In response, multicultural feminists have proposed institutional innovations to strengthen the voice of minority women, both at the state level and in decisions about the interpretation and evolution of cultural and religious practices. This volume explores the connection between gender parity and multicultural feminism, both at the level of theory and in practice. The authors explore a range of cases from Europe, Latin America, the Middle East, and Africa, in relation to state law, customary law, religious law, and indigenous law. While many obstacles remain, and many women continue to suffer from the paradox of multicultural vulnerability, these innovations in theory and practice offer new prospects for reconciling gender equality and pluralism.
Author: Rachel Sieder Publisher: Routledge ISBN: 1317291271 Category : Political Science Languages : en Pages : 978
Book Description
An understanding of law and its efficacy in Latin America demands concepts distinct from the hegemonic notions of "rule of law" which have dominated debates on law, politics and society, and that recognize the diversity of situations and contexts characterizing the region. The Routledge Handbook of Law and Society in Latin America presents cutting-edge analysis of the central theoretical and applied areas of enquiry in socio-legal studies in the region by leading figures in the study of law and society from Latin America, North America and Europe. Contributors argue that scholarship about Latin America has made vital contributions to longstanding and emerging theoretical and methodological debates on the relationship between law and society. Key topics examined include: The gap between law-on-the-books and law in action The implications of legal pluralism and legal globalization The legacies of experiences of transitional justice Emerging forms of socio-legal and political mobilization Debates concerning the relationship between the legal and the illegal. The Routledge Handbook of Law and Society in Latin America sets out new research agendas for cross-disciplinary socio-legal studies and will be of interest to those studying law, sociology of law, comparative Latin American politics, legal anthropology and development studies.
Author: Austin Sarat Publisher: Emerald Group Publishing ISBN: 1780520816 Category : Law Languages : en Pages : 213
Book Description
This volume Studies in Law, Politics and Society contains a symposium on indigenous peoples in Latin America. It examines the ways rights are negotiated between those groups and the states in which they live.
Author: Rachel Sieder Publisher: Rutgers University Press ISBN: 0813587948 Category : Political Science Languages : en Pages : 441
Book Description
Across Latin America, indigenous women are organizing to challenge racial, gender, and class discrimination through the courts. Collectively, by engaging with various forms of law, they are forging new definitions of what justice and security mean within their own contexts and struggles. They have challenged racism and the exclusion of indigenous people in national reforms, but also have challenged ‘bad customs’ and gender ideologies that exclude women within their own communities. Featuring chapters on Bolivia, Colombia, Ecuador, Guatemala, and Mexico, the contributors to Demanding Justice and Security include both leading researchers and community activists. From Kichwa women in Ecuador lobbying for the inclusion of specific clauses in the national constitution that guarantee their rights to equality and protection within indigenous community law, to Me’phaa women from Guerrero, Mexico, battling to secure justice within the Inter-American Court of Human Rights for violations committed in the context of militarizing their home state, this book is a must-have for anyone who wants to understand the struggle of indigenous women in Latin America.
Author: Anna Barrera Publisher: Routledge ISBN: 1317385942 Category : Law Languages : en Pages : 302
Book Description
This book addresses a growing area of concern for scholars and development practitioners: discriminatory gender norms in legally plural settings. Focusing specifically on indigenous women, this book analyses how they, often in alliance with supporters and allies, have sought to improve their access to justice. Development practitioners working in the field of access to justice have tended to conceive indigenous legal systems as either inherently incompatible with women’s rights or, alternatively, they have emphasised customary law’s advantageous features, such as its greater accessibility, familiarity and effectiveness. Against this background – and based on a comparison of six thus far underexplored initiatives of legal and institutional change in Ecuador, Peru, and Bolivia – Anna Barrera Vivero provides a more nuanced, ethnographic, understanding of how women navigate through context-specific constellations of interlegality in their search for justice. In so doing, moreover, her account of ongoing political debates and local struggles for gender justice grounds the elaboration of a comprehensive conceptual framework for understanding the legally plural dynamics involved in the contestation of discriminatory gender norms.
Author: Akanmu G. Adebayo Publisher: Lexington Books ISBN: 0739188054 Category : Political Science Languages : en Pages : 316
Book Description
We know that since the end of the Cold War, conflicts in non-Western countries have been frequent, frequently violent, largely intra-state, and protracted. But what do we know about conflict management and resolution strategies in these societies? Have the dominant Western approaches been transplantable, suitable, effective, durable, and sustainable? Would conflicts in non-Western societies be better handled by the adaptation and adoption of customary, traditional, or localized mechanisms of mitigation? These and similar questions have engaged the attention of scholars and policy-makers. Indigenous Conflict Management Strategies: Global Perspectives is offered as a global compendium on indigenous conflict management strategies. It presents diverse perspectives on the subject. Fully aware of the tendency in the literature to over-generalize, over-romanticize, and over-criticize the localized and customary mechanisms, the book takes a slightly different approach. It presents a variety of traditional conflict management approaches as well as several cases of the successful integration of the indigenous and Western strategies in the contemporary period. The main features, strengths, challenges, and weaknesses of a multitude of indigenous systems are also presented.
Author: Juan F. Gonzalez-Bertomeu Publisher: Routledge ISBN: 1317026209 Category : Law Languages : en Pages : 297
Book Description
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.
Author: Almut Schilling-Vacaflor
Author: Almut Schilling-Vacaflor
Author: Ruth Rubio-Marín
Author: Rachel Sieder
Author: Austin Sarat
Author: Rachel Sieder
Author: Anna Barrera
Author: Akanmu G. Adebayo
Author: Arij Ouweneel
Author: Juan F. Gonzalez-Bertomeu
Author: José Aylwin Oyarzún