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Judicial Reform in Latin America

Judicial Reform in Latin America
Author: Jodi Susan Finkel
Publisher:
Total Pages: 466
Release: 2001
Genre: Latin America
ISBN:

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Judicial Reform as Political Insurance

Judicial Reform as Political Insurance
Author: Jodi S. Finkel
Publisher:
Total Pages: 178
Release: 2008
Genre: History
ISBN:

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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
Author: Andrea Castagnola
Publisher: Routledge
Total Pages: 191
Release: 2016-11-03
Genre: Political Science
ISBN: 1315520605

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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.


Judicial Review in New Democracies

Judicial Review in New Democracies
Author: Tom Ginsburg
Publisher: Cambridge University Press
Total Pages: 322
Release: 2003-07-23
Genre: Law
ISBN: 9780521520393

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New democracies around the world have adopted constitutional courts to oversee the operation of democratic politics. Where does judicial power come from, how does it develop in the early stages of democratic liberalization, and what political conditions support its expansion? This book answers these questions through an examination of three constitutional courts in Asia: Taiwan, Korea, and Mongolia. In a region that has traditionally viewed law as a tool of authoritarian rulers, constitutional courts in these three societies are becoming a real constraint on government. In contrast with conventional culturalist accounts, this book argues that the design and functioning of constitutional review are largely a function of politics and interests. Judicial review - the power of judges to rule an act of a legislature or national leader unconstitutional - is a solution to the problem of uncertainty in constitutional design. By providing insurance to prospective electoral losers, judicial review can facilitate democracy.


The Politics of Judicial Reform

The Politics of Judicial Reform
Author: Philip L. Dubois
Publisher: Lexington Books
Total Pages: 216
Release: 1982
Genre: Law
ISBN:

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Can Courts be Bulwarks of Democracy?

Can Courts be Bulwarks of Democracy?
Author: Jeffrey K. Staton
Publisher: Cambridge University Press
Total Pages: 173
Release: 2022-03-31
Genre: Law
ISBN: 1316516733

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


Judicial Power

Judicial Power
Author: Christine Landfried
Publisher: Cambridge University Press
Total Pages: 411
Release: 2019-02-07
Genre: Law
ISBN: 1316999084

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The power of national and transnational constitutional courts to issue binding rulings in interpreting the constitution or an international treaty has been endlessly discussed. What does it mean for democratic governance that non-elected judges influence politics and policies? The authors of Judicial Power - legal scholars, political scientists, and judges - take a fresh look at this problem. To date, research has concentrated on the legitimacy, or the effectiveness, or specific decision-making methods of constitutional courts. By contrast, the authors here explore the relationship among these three factors. This book presents the hypothesis that judicial review allows for a method of reflecting on social integration that differs from political methods, and, precisely because of the difference between judicial and political decision-making, strengthens democratic governance. This hypothesis is tested in case studies on the role of constitutional courts in political transformations, on the methods of these courts, and on transnational judicial interactions.


Courts in Latin America

Courts in Latin America
Author: Gretchen Helmke
Publisher: Cambridge University Press
Total Pages: 353
Release: 2011-01-17
Genre: Political Science
ISBN: 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.


Health Care Reform Simplified

Health Care Reform Simplified
Author: Dave Parks
Publisher:
Total Pages:
Release: 2012
Genre: Electronic books
ISBN:

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The U.S. Supreme Court's dramatic affirmation of the Patient Protection and Affordable Care Act means health care reform is coming. Are you ready? Author Dave Parks explores the new law and its financial impact ; examines how it affects businesses, insurers, hospitals, and doctors ; and considers the potential impact of continued political opposition to the act. He also explains who will pay for reform and where the cost savings lie. --from back cover.


Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 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.