Academic literature on the topic 'Political questions and judicial power – Central America'
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Journal articles on the topic "Political questions and judicial power – Central America"
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Barnes, Jeb. "In Defense of Asbestos Tort Litigation: Rethinking Legal Process Analysis in a World of Uncertainty, Second Bests, and Shared Policy‐Making Responsibility." Law & Social Inquiry 34, no. 01 (2009): 5–29. http://dx.doi.org/10.1111/j.1747-4469.2009.01137.x.
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A central question in American policy making is when should courts address complex policy issues, as opposed to defer to other forums? Legal process analysis offers a standard answer. It holds that judges should act when adjudication offers advantages over other modes of social ordering such as contracts, legislation, or agency rule making. From this vantage, the decision to use common law adjudication to address a sprawling public health crisis was a terrible mistake, as asbestos litigation has come to represent the very worst of mass tort litigation. This article questions this view, arguing that legal process analysis distorts the institutional choices underlying the American policy‐making process. Indeed, once one considers informational and political constraints, as well as how the branches of government can fruitfully share policy‐making functions, the asbestos litigation seems a reasonable and, in some ways, exemplary, use of judicial power.
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Knapp, Aaron T. "From Empire to Law: Customs Collection in the American Founding." Law & Social Inquiry 43, no. 02 (2018): 554–84. http://dx.doi.org/10.1111/lsi.12352.
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This essay investigates the eighteenth-century origins of the federal administrative state through the prism of customs collection. Until recently, historians and legal scholars have not closely studied collection operations in the early federal custom houses. Gautham Rao's National Duties: Custom Houses and the Making of the American State (2016) offers the most important and thoroughly documented historical analysis to date. Joining a growing historical literature that explains the early development of the US federal political system with reference to imperial models and precedents, Rao shows that the seductive power of commerce over the state within eighteenth-century imperial praxis required the early federal customs officials to “negotiate” their authority with the mercantile community. A paradigm of accommodation dominated American customs collection well into the nineteenth century until Jacksonian centralizers finally began to dismantle it in the 1830s. The book brings welcome light to a long-neglected topic in American history. It offers a nuanced, historiographically attentive interpretation that rests on a broad archival source base. It should command the sustained attention of legal, social, economic, and constitutional historians for it holds the potential to change the way historians think about early federal administration. This essay investigates one of the central questions raised in National Duties: How were the early American custom houses able to successfully administer a comprehensive program of customs duties when their imperial predecessors had proved unable to collect even narrowly tailored ones? Focusing on the Federalist period (1789–1800), I develop an answer that complements Rao's, highlighting administrative change over continuity and finding special significance in the establishment of the first federal judicial system.
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Uhma, Piotr. "The Constitutionalization of International Law After Liberalism." Politeja 18, no. 6(75) (December 16, 2021): 5–27. http://dx.doi.org/10.12797/politeja.18.2021.75.01.
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Many political changes that have taken place across the world in the last decade have been connected with the spill-over of a new narrative in the public dimension. Among other things, this narrative has emphasized returning control over the public space to the people once again, revitalization of the democratic community, restraint on an expansion of judicial power over representational politics, and in many instances, a specific national approach to the questions of governance. These trends have gained the name “illiberal democracy”, a description which Viktor Orban introduced into the language of political practice a few years later. Indeed, in many countries worldwide, from the United States of America (USA) during the presidency of Donald Trump, Central and Eastern Europe, to Turkey and Venezuela, it has been possible to observe changes which had the principal leitmotif to negate liberal democracy as the only possibility of organizing public space within the state. These trends are continuing, and there are no signs of them disappearing in the near future. The new dispensation in the USA under President Biden also does not guarantee an immediate return to the liberal internationalism of the 1990s. Political changes directed toward the constitutional space of the State have inspired researchers to consider the issues of new constitutionalism, new forms of democracy, and the rule of law beyond liberalism. This article is an attempt to transfer these considerations to the international level. The text aims to consider whether withdrawal from the liberal doctrine could also be observed on an international level and what these facts could mean for the intellectual project of constitutionalization of international law. Building upon reflections on constitutionalism and constitutionalization of international law, this text presents what has up until now been the mainstream understanding of international law as a liberal construct. This showcases the illiberal turn observed among certain countries as exemplified by the anti-liberal and realist language of their constitutional representatives. In this respect, this analysis is a modest contribution to the so far nascent field of sociology of international law. However, the main endeavor of this article is to unchain the notions of international liberalism and constitutionalization of international law as being popularly understood as two sides of the same coin. Consequently, the idea of political constitutionalism of international law is introduced. Seeing things from this perspective, this text focuses on the material rather than formal aspects of international law's constitutionalization. Within the stream of so called thick constitutionalism, there are a few elements listed with which the discussion about international law may continue to engage, if this law is to be considered as legitimate not only formally, but also substantially.
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Verney, Douglas V. "From Executive to Legislative Federalism? The Transformation of the Political System in Canada and India." Review of Politics 51, no. 2 (1989): 241–63. http://dx.doi.org/10.1017/s0034670500048105.
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Canada and India have hybrid systems of government. Both experienced constitutional crises in the 1970's. These crises have usually been treated as sui generis. It is the hypothesis of this article that the crises raise fundamental questions regarding the very nature of such systems, which are based on “parliamentary federalism,” a political system invented in Canada to provide strong central government. This hybrid system combines two classical models: British tradition, based on parliamentary supremacy and conventions, and American principles, which require a written constitution, the separation of powers and judicial review. The two models are contradictory, since parliamentary supremacy and constitutional supremacy are incompatible.
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Lens, Vicki, and Samantha Kanelstein. "Mapping Immigration Policy at the Southern Border: An Administrative and Judicial Analysis." Administration & Society 53, no. 6 (February 3, 2021): 817–43. http://dx.doi.org/10.1177/0095399721991123.
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Presidents are increasingly relying on a mode of governing—presidentialism—that produces radical shifts in public policy through the administrative state, rather than through Congress. Most recently, using the tools of the administrative state rather than legislative action, the Trump Administration has reinterpreted the laws governing asylum, especially as to citizens from Central America seeking refuge from violence and dire poverty. Through a legal analysis of the judiciary’s response to these reforms, this article examines the limits and constraints of presidential administrative power.
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Dannemann, Gerhard. "Constitutional Complaints: The European Perspective." International and Comparative Law Quarterly 43, no. 1 (January 1994): 142–53. http://dx.doi.org/10.1093/iclqaj/43.1.142.
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Until recently the judicial remedy of a constitutional complaint existed in very few European countries, but has now been introduced in a number of Central and Eastern European States. An increased awareness of human rights questions resulting from the abuse of State power by former regimes, combined with the room to manoeuvre provided by the radical change in the political and constitutional system, has led to the introduction or expansion of existing legal mechanisms for the protection of constitutional rights and freedoms in these countries. The following remarks are intended to give an overview of the main procedural questions relating to the nature and functioning of constitutional complaints, and to examine the extent to which Western European experience might be used in the development of constitutional complaint mechanisms in Central and Eastern Europe
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Agmon, Danna. "Historical Gaps and Non-existent Sources: The Case of the Chaudrie Court in French India." Comparative Studies in Society and History 63, no. 4 (October 2021): 979–1006. http://dx.doi.org/10.1017/s0010417521000311.
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AbstractThis article develops a typology of historical and archival gaps—physical, historiographical, and epistemological—to consider how non-existent sources are central to understanding colonial law and governance. It does so by examining the institutional and archival history of a court known as the Chaudrie in the French colony of Pondichéry in India in the eighteenth century, and integrating problems that are specific to the study of legal history—questions pertaining to jurisdiction, codification, evidence, and sovereignty—with issues all historians face regarding power and the making of archives. Under French rule, Pondichéry was home to multiple judicial institutions, administered by officials of the French East Indies Company. These included the Chaudrie court, which existed at least from 1700 to 1827 as a forum where French judges were meant to dispense justice according to local Tamil modes of dispute resolution. However, records of this court prior to 1766 have not survived. By drawing on both contemporaneous mentions of the Chaudrie and later accounts of its workings, this study centers missing or phantom sources, severed from the body of the archive by political, judicial, and bureaucratic decisions. It argues that the Chaudrie was a court where jurisdiction was decoupled from sovereignty, and this was the reason it did not generate a state-managed and preserved archive of court records for itself until the 1760s. The Chaudrie’s early history makes visible a relationship between law and its archive that is paralleled by approaches to colonial governance in early modern French Empire.
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Scammell, Margaret. "Democracy and the Media: A Comparative Perspective Edited by Richard Gunther and Anthony Mughan. Cambridge: Cambridge University Press, 2000. 496p. $85.00 cloth, $29.95 paper. Media and the Presidentialization of Parliamentary Elections By Anthony Mughan. New York: Palgrave, 2000. 179p. $65.00." American Political Science Review 96, no. 1 (March 2002): 239–40. http://dx.doi.org/10.1017/s0003055402354339.
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The themes of crisis and transformation have fueled a miniexplosion of research on media and democracy in the last decade. Researchers within or close to the “media studies'' school have developed a burgeoning literature on questions of citizenship and the public sphere, in the context of deregulation, expanding media markets, and rising interest in the arguments of the deliberative democrats. Scholars more closely connected to political science have pursued an overlapping but different agenda. From the United States and western Europe, amid concern at signs of a crisis of citizen engagement, the focus increasingly is on media power to mobilize or demobilize voters. From Eastern and central Europe and Latin America there is an emerging corpus on the role of media in the transition and consolidation of democracy. Cross-cutting these various strands are the Internet revolution and the question of globalization and, more specifically, U.S. potency to lead or at least predict trends in political communication for the democratic world.
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Dobek-Ostrowska, Bogusława. "Dokąd zmierza Wenezuela? Od republiki sfragmentaryzowanej do autorytarnej retrogresji Cháveza i Maduro." Wrocławskie Studia Politologiczne 30 (February 7, 2022): 125–38. http://dx.doi.org/10.19195/1643-0328.30.8.
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Latin America celebrated the symbolic 40th anniversary of the third wave of democratization in 2018. This process began in the Dominican Republic in 1978, then covered the Andean countries. In the 1980s, it reached Central and South America, as well as Argentina, Brazil and Uruguay, then Chile and Nicaragua. Only Cuba remained outside this trend. The countries went through an election cycle, which was an unprecedented event in the history of Latin America, dominated by more or less cruel dictatorships and brutal violence against those who criticized them and wanted to change this state. More than 30 presidential elections were held on this continent between 2009 and 2016. There passed 17 elections only during the three years between 2013 and 2016. Thus, democratic election campaigns and presidential elections have become a permanent part of the landscape of this region marked for centuries by strong authoritarianism and dictatorial power. The aim of this analysis is to present Venezuela’s political system nowadays on the map of Latin America 30 years after the opening of the third wave of democratization. We accept the thesis that the violence and brutal strategy of the authorities towards the political opposition cause fear and weaken its action, and thus postpone the possibility of democratic political changes. Systems analysis and comparative analysis should help to find answers to the following questions: What is the condition of the political system in Venezuela? What are the possible scenarios for the introduction of democratic rule after 22 years of authoritarian rule? What is the strategy of the political opposition? Is it able to win the fight against the Maduro dictatorship?
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GILLS, BARRY K. "The crisis of postwar East Asian capitalism: American power, democracy and the vicissitudes of globalization." Review of International Studies 26, no. 3 (July 2000): 381–403. http://dx.doi.org/10.1017/s0260210500003818.
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The debate over the East Asian crisis has thus far been led by economists who have focused on technical economic issues and policy goals at the expense of macro historical-structural questions. Foremost amongst the neglected questions is whether and under what conditions ‘Postwar East Asian Capitalism’ (PWEAC) will either continue to flourish or undergo a radical political transformation ‘after the crisis’. This question must be understood in the context of the changing geopolitical framework of the post-Cold War era. PWEAC is under great pressure for reform from both external and internal forces. Whether a ‘new political architecture’ for capitalism in East Asia is emerging is the central issue and one which will determine the future direction of Asia. The demise of authoritarian-oligarchic capitalism in Asia may have been accelerated by the economic crisis. The most enduring result of the Asian crisis is not the presumed derailing of the (re)ascent of Asia in the world economy but rather the weakening of the non-democratic state forms that have characterized East Asia's capitalism for decades. Popular demands for change represent a real challenge to both the domestic authoritarian-oligarchic power structure of PWEAC and its crucial geopolitical underpinning and external orientation.A people that has existed for centuries under a system of castes and classes can arrive at a democratic state of society only by passing through a long series of more or less critical transformations, accomplished by violent efforts, and after numerous vicissitudes, in the course of which property, opinions, and power are rapidly transferred from one to another...Alexis de TocquevilleDemocracy in America, Vol. II, 1840To reason with governments, as they have existed for ages, is to argue with brutes. It is only from the nations themselves that reforms can be expected.Thomas PaineThe Rights of Man, Preface to the French Edition, 1791
Dissertations / Theses on the topic "Political questions and judicial power – Central America"
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MARTINEZ, BARAHONA Elena. "Seeking the Political Role of the Third Government Branch: A comparative approach to high courts in Central America." Doctoral thesis, European University Institute, 2007. http://hdl.handle.net/1814/7931.
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Defence date: 22 January 2007Examining board: Prof. Pilar Domingo (Universidad de Salamanca) ; Prof. Carlo Guarnieri (Università di Bologna) ; Prof. Donatella Della Porta (European University Institute) ; Prof. Philippe C. Schmitter (European University Institute)(Supervisor)
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
Until recently, Courts were not an important component of political science research on Latin America. The quantity of research on the judiciary does not compare even remotely to the vast literature on others institutions. However, despite the relative inattention to their role, courts are institutions whose performance has concrete and relevant effects on the socio-political system. Indeed, Courts have currently emerged as active participants in the political process offering new opportunities to citizens, social movements, interest groups, and politicians. Focusing on three countries of Central America (Costa Rica, Nicaragua and Guatemala), this dissertation illustrates how far the political system in these countries is shaped in significant ways by the role of Courts as political institutions. Throughout a comparative approach, this study offers what may be the first cross-national analysis explicitly designed to serve as a comprehensive measure of the political role of High Courts.
Books on the topic "Political questions and judicial power – Central America"
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Dailey, Joseph P. The last democrats: How America fought and lost the war against judicial supremacy. Pennsylvania?: Joseph P. Dailey, 2014.
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America's prophets: How judicial activism makes America great. West Port, Conn: Praeger Publishers, 2009.
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Immigration and the judiciary: Law and politics in Britain and America. Oxford: Clarendon Press, 1987.
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Procházka, Radoslav. Mission accomplished: On founding constitutional adjudication in Central Europe. Budapest: Central European University Press, 2002.
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Porto, Brian L. May it please the court: Judicial processes and politics in America. 2nd ed. Boca Raton: Taylor & Francis, 2008.
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May it please the court: Judicial processes and politics in America. New York: Longman, 2001.
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Judicial power and institutional constraints: A comparison of Canadian and American courts. El Paso: LFB Scholarly Pub. LLC, 2010.
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The tempting of America: The political seduction of the law. New York: Simon & Schuster, 1991.
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Bork, Robert H. The tempting of America: The political seduction of the law. New York: Free Press, 1990.
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The antagonists: Hugo Black, Felix Frankfurter and civil liberties in modern America. New York: Simon and Schuster, 1989.
Find full textBook chapters on the topic "Political questions and judicial power – Central America"
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Pearson, Joseph W. "Conclusion." In The Whigs' America, 152–60. University Press of Kentucky, 2020. http://dx.doi.org/10.5810/kentucky/9780813179728.003.0007.
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So what happened to the Whigs? The antebellum political party died a slow death from 1845 to 1854. First, President James K. Polk provoked a morally bankrupt war with Mexico in 1845, annexing Texas, and extending the nation’s borders to California’s Pacific coastline along the way. The addition of so much new territory so quickly drove questions about slavery that moderate Whigs and Democrats alike had dodged for thirty years from the abstract into the public square. On the one hand, many Americans (mostly northern and middle western, mostly Whiggish) argued that slavery should not spread to any new states formed from the territories stolen from Mexico. To the contrary, many other Americans (mostly southern, mostly Democratic) argued that slaves were a legitimate form of constitutionally protected property that could not legally be excluded from territory won using the common treasury and national armies. The discovery of gold in California in 1849 only added fuel to the partisan fire because it inspired so many people to head west in search of fortune, hastening that state’s ability to meet the demographic requirements for admission to the Union, and forcing the country at large to grapple with questions for which it was unprepared. Thus, the contest was joined over the central issue that was to dominate all American political life for the next dozen years, namely, the disposition of the territories. For the moment, moderates who desperately longed for a compromise that might stifle the underlying issue of slavery held the majority. However, it is a truism that happens to be true that, in crises of this sort, extremists grow in power, swallowing up all political space in the conciliatory center....
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Raustiala, Kal. "Territory and the Republic." In Does the Constitution Follow the Flag? Oxford University Press, 2009. http://dx.doi.org/10.1093/oso/9780195304596.003.0005.
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The American Revolution birthed a new nation that, although small and weak, would eventually come to dominate world politics. The events of 1776 foreshadowed a range of future rebellions by peoples who chafed under imperialism and sought ultimately to control their own political destiny. In North America, as in the many independence movements since, the rebels aimed to do so by claiming and defending a distinct territory and declaring themselves a new state. The American Revolution was unusual, however, in that the new United States did not simply occupy territory that had been previously ruled by an existing Westphalian sovereign. The United States was instead surrounded by a vast expanse of land largely ungoverned (in the view of Europeans) by any other political entity. The nation began as thirteen colonies on the Atlantic coast, but over the next two centuries it enlarged its territory dramatically through a combination of conquest, purchase, and treaty. This story is central to American history, and the “extraordinary geographic expansion of the United States is critical to understanding the rise of the nation as a world power and global empire.” This chapter explores how the concept of territoriality was manifested and interpreted in early American law. The founding generation “was intensely interested in the geographic extent of the American polity.” How was this intense interest manifested? In what ways were established ideas about Westphalian territoriality reflected in the new Constitution? What legal questions did geographic expansion raise? In short, this chapter explores how eighteenth- and early-nineteenth-century Americans understood and interpreted the links between sovereignty and soil. For several reasons the United States is particularly interesting in this regard. Federalism entails a central distinction between state and federal territory. For most of American history federal territory was substantial in size and, in large part due to conflicts over slavery, highly charged politically. How, if at all, constitutional protections differed in the states versus the territories was a question that would over time foment dramatic debate. The United States also contains many Indian tribes.