Judicial Reform as Political Insurance

Judicial Reform as Political Insurance PDF

Author: Jodi S. Finkel

Publisher:

Published: 2008

Total Pages: 178

ISBN-13:

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Jodi S. Finkel examines judicial reforms leading to increased judicial independence and authority in three Latin American countries: Argentina, Mexico, and Peru.

Judicial Politics in Mexico

Judicial Politics in Mexico PDF

Author: Andrea Castagnola

Publisher: Routledge

Published: 2016-11-03

Total Pages: 190

ISBN-13: 1315520591

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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.

Can Courts be Bulwarks of Democracy?

Can Courts be Bulwarks of Democracy? PDF

Author: Jeffrey K. Staton

Publisher: Cambridge University Press

Published: 2022-03-31

Total Pages: 173

ISBN-13: 1316516733

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This book argues that independent courts can defend democracy by encouraging political elites to more prudently exercise their powers.

Model Rules of Professional Conduct

Model Rules of Professional Conduct PDF

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Judicial Power

Judicial Power PDF

Author: Christine Landfried

Publisher: Cambridge University Press

Published: 2019-02-07

Total Pages: 411

ISBN-13: 1108425666

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Explores the relationship between the legitimacy, the efficacy, and the decision-making of national and transnational constitutional courts.

United Nations Justice

United Nations Justice PDF

Author: Calin Trenkov-Wermuth

Publisher: UN

Published: 2010

Total Pages: 250

ISBN-13:

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"At the end of the 20th century, and at the dawn of the 21st, the United Nations was tasked with the administration of justice in territories placed under its executive authority, an undertaking for which there was no established precedent or doctrine. Examining the UN's legal and judicial reform efforts in Kosovo and East Timor, this volume argues that rather than helping to establish a sustainable legal system, the UN's approach detracted from it, as it confused ends with means."--Publisher's description.

Courts in Latin America

Courts in Latin America PDF

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.

The Judicialization of Politics in Latin America

The Judicialization of Politics in Latin America PDF

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.