Pandemocracy in Latin America


Book Description

This book addresses two questions: firstly, how has the fight against COVID-19, especially the individual and collective responses of Latin American nation-states, influenced the relationship between power, people, and statebodies? And secondly, has democracy taken a step back and allowed pandemocracy to replace its long-term legitimising function? Adopting a Global South perspective, the book explores the constitutional, political and institutional measures that paved the way for several aggressive state policies in various Latin American countries during the COVID-19 pandemic. The contributions provide a detailed review of democratic decay and the 'rule of law' impairment in many countries of the region. The book goes beyond mere observation and explores all the main theoretical elements that can lead to a more comprehensive understanding of the political and normative impact of the pandemic. In terms of constitutional design and concerning the actual behaviour of political bodies, the fairness and efficacy of Latin American state responses during the COVID-19 pandemic did not rely on civic culture, executive goodwill, or boldness on the part of the judges. The aim of this volume, therefore, is to unravel the most subtle elements of a very puzzling situation. Multidisciplinary perspectives are deployed to explore how democratic standards and goals have been reshaped by nuanced constructions of certain atavistic normative ideas or even by non-constitutional policies. The book sheds light on the underlying connection between politics and law.







Research Handbook on Human Rights and Intellectual Property


Book Description

Research Handbook on Human Rights and Intellectual Property is a comprehensive reference work on the intersection of human rights and intellectual property law. Resulting from a field-specific expertise of over 40 scholars and professionals of world re




Transformative Constitutionalism in Latin America


Book Description

This ground-breaking collection of essays outlines and explains the unique development of Latin American jurisprudence. It introduces the idea of the Ius Constitutionale Commune en América Latina (ICCAL), an original Latin American path of transformative constitutionalism, to an Anglophone audience for the first time. It charts the key developments that have transformed the region and assesses the success of the constitutional projects that followed a period of authoritarian regimes in Latin America. Coined by scholars who have been documenting, conceptualizing, and comparing the development of Latin American public law for more than a decade, the term ICCAL encompasses themes that cross national borders and legal fields, taking in constitutional law, administrative law, general public international law, regional integration law, human rights, and investment law. Not only does this volume map the legal landscape, it also suggests measures to improve society via due legal process and a rights-based, supranational and regionally rooted constitutionalism. The editors contend that with the strengthening of democracy, the rule of law, and human rights, common problems such as the exclusion of wide sectors of the population from having a say in government, as well as corruption, hyper-presidentialism, and the weak normativity of the law can be combatted more effectively in future.




Memoria


Book Description




Hugo Chávez and the Bolivarian Revolution


Book Description

The emergence of Hugo Chávez in Venezuela has revived analysis of one of Latin America’s most enduring political traditions – populism. Yet Latin America has changed since the heyday of Perón and Evita. Globalisation, implemented through harsh IMF inspired Structural Adjustment Programmes, has taken hold throughout the region and democracy is supposedly the ‘only game in town’. This book examines the phenomenon that is Hugo Chávez within these contexts, assessing to what extent his government fits into established ideas on populism in Latin America. The book also provides a comprehensive and critical analysis of Chávez’s emergence, his government’s social and economic policies, its foreign policy, as well as assessing the charges of authoritarianism brought against him. Written in clear, accessible prose, the book carries debate beyond current polarised views on the Venezuelan president, to consider the prospects of the new Bolivarian model surviving beyond its leader and progenitor, Hugo Chávez.




Law and Society in Latin America


Book Description

Over the past two decades, legal thought and practice in Latin America have changed dramatically: new constitutions or constitutional reforms have consolidated democratic rule, fundamental innovations have been introduced in state institutions, social movements have turned to law to advance their causes, and processes of globalization have had profound effects on legal norms and practices. Law and Society in Latin America: A New Map offers the first systematic assessment by leading Latin American socio-legal scholars of the momentous transformations in the region. Through an interdisciplinary and comparative lens, contributors analyze the central advances and dilemmas of contemporary Latin American law. Among them are pioneering jurisprudence and legal mobilization for the fulfillment of socioeconomic rights in a highly unequal region, the rise of multicultural constitutionalism and legal struggles around identity politics, the globalization of legal education and practice, tensions between developmental policies and environmental justice, and the emergence of a regional human rights system. These and other processes have not only radically altered the institutional landscape of the region, but also produced academic and practical innovations that are of global interest and defy conventional accounts of Latin American law inherited from law-and-development studies. Painting a portrait of the new Latin American legal thought for an international audience, Law and Society in Latin America: A New Map will be of particular interest to students of comparative law, legal mobilization, and Latin American politics.




Inter-American Yearbook on Human Rights / Anuario Interamericano de Derechos Humanos, Volume 38 (2022) (VOLUME IV)


Book Description

The 2022 Inter-American Yearbook on Human Rights provides an extract of the principal jurisprudence of the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights. Part One contains the Decisions on the Merits of the Commission, and Part Two the Judgments and Decisions of the Court. The Yearbook is partly published as an English-Spanish bilingual edition. Some parts are in English or Spanish only. NB: This book is part of a four volume set. Vol. 1 ISBN: 978-90-04-71518-9 Vol. 2 ISBN: 978-90-04-71520-2 Vol. 3 ISBN: 978-90-04-71522-6 Vol. 4 ISBN: 978-90-04-71524-0




Derechos humanos y transformación política en contextos de violencia


Book Description

Análisis crítico con un enfoque multidisciplinario, único hasta ahora en México, de las oportunidades y desafíos de los derechos humanos. Los autores aquí reunidos analizan los derechos humanos como una práctica social que se realiza en medio de relaciones asimétricas de poder, en el marco del ya convulsionado siglo xxi. Pensados como un discurso que se convierte en práctica social y en campo de disputa para la definición de significados, los derechos humanos pueden generar marcos de oportunidad para la transformación político-social pero, también, pueden constituir un obstáculo para el cambio y la construcción de subjetividades emancipadas.




Constitutionalism and Democracy


Book Description

"The American Council of Learned Societies comparative constitutionalism papers."--T.p.