Download Cultures of Legality: Judicialization and Political Activism by Javier Couso, Alexandra Huneeus, Rachel Sieder PDF

By Javier Couso, Alexandra Huneeus, Rachel Sieder

Principles approximately legislation are present process dramatic switch in Latin the USA. The consolidation of democracy because the foremost type of executive and the proliferation of transnational felony tools have ushered in an period of recent criminal conceptions and practices. legislations has develop into a center concentration of political hobbies and policy-making. This quantity explores the altering criminal principles and practices that accompany, reason, and are a end result of the judicialization of politics in Latin the United States. it's the manufactured from a three-year overseas study attempt, subsidized via the legislation and Society organization, the Latin American experiences organization, and the Ford beginning, that collected top and rising students of Latin American courts from throughout disciplines and throughout continents.

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Extra info for Cultures of Legality: Judicialization and Political Activism in Latin America

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2000. The 'udiciary and Democratic Deca)' in Latin America: Declining Confidence in the Rule of Law. : Praeger. Rappaport, Joanna. 1994. Cumbe Reborn: An Andean Ethnograph>, of History. Chicago: Chicago U n iversity Press. Rios Figueroa , Julio and Matthew M . Taylor. 2006. "Institu tional Determinants of the Judi­ c ialisation of Pol icy i n Brazil an d l ex i co . " Tournai of Latin American Studies, 38(4): 7 39-766. Keith. 1987. " University of Miami Inter-American Lal Review, 19(1): 1-35. Santos, Boaventura de Sousa.

As a result, certai n strands of legal mea ning of subsis­ tence rights became more sal ient and the j udicial constru ction of these rights ended up being used in a massive l itigation campa ign to d ivert scarce resources from the lower classes to more mainstrea m, middle-class groups that were being affected by significant fi scal constraints. M oreover, this massive l itigation gave the court a prominent role in the whole policy-making process, helping it to activate the formal political process, a nd "judicializ ing" the pol icies of eco­ nomic recovery.

Th is minimo vital case, as the ones that the CCC decided throughout the following three years, can be characterized as having two basic features: a complex factual situation and the possible affectation of a h ighly valued right. The typical factual situation is one in wh ich multiple factors converge to produce two results: place the cla imant under an imminent risk and make h im or her helpless to confront it. Th is risk is one l i kely to affect a h ighly valued right generally regarded as fundamental ; namely, h is or her life or bodily i ntegrity.

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