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Executive Decree Authority
This book offers a theory that predicts when executives should turn to decree and when legislatures should accept this method of policy-making.
Constitutional Questions in Latin America and Peru
The book delves into constitutional essays focused on Latin America, with a particular emphasis on Peru. It explores legal theories surrounding the development of human rights, rooted in constitutional pluralism. Drawing from the insights gathered by organizations within the Inter-American Human Rights System, notably the Court and the Commission, this examination extends to its impact on local judicial bodies, including the Judiciary and notably the Constitutional Court. These efforts aim to protect traditional civil and political rights alongside social rights. However, the work also addresses the ongoing challenge of safeguarding emerging rights, such as fundamental digital and environmental rights, while bolstering protections for vulnerable populations like migrants and the LGBTQ+ community. By adopting a holistic approach, the book aspires to serve as a valuable resource for academics, experts, students, and professionals engaged in the study and practice of Latin American Constitutionalism.
The Friendly Liquidation of the Past
Constitutional reform has been one of the most significant aspects of democratization in late twentieth century Latin America. In The Friendly Liquidation of the Past—one of the first texts to examine this issue comprehensively —Van Cott focuses on the efforts of Bolivia and Colombia to incorporate ethnic rights into their fragile democracies. In the1990s, political leaders and social movements in Bolivia and Colombia expressed dissatisfaction with the quality of democracy--its exclusionary nature, the distance and illegitimacy of the state, and the empty promise of citizenship. The highly symbolic act of constitution making elevated a public struggle for rights to the level of a discuss...
Counter-Terrorism
The responses of governments and international institutions to terrorism raise some of the most controversial issues of the twenty-first century. In particular, attempts to balance the desire to achieve security with the safeguarding of human rights and other aspects of the rule of law have proved to be highly contentious. This book is unique, not only in terms of its multinational, multidisciplinary nature, but also due to its truly comprehensive approach. It reviews, and examines, the interrelationship between the four principal elements of the international rule of law framework (international human rights, humanitarian, criminal, and refugee/asylum law) within in which counter-terrorism ...
Politics after Violence
Between 1980 and 1994, Peru endured a bloody internal armed conflict, with some 69,000 people killed in clashes involving two insurgent movements, state forces, and local armed groups. In 2003, a government-sponsored “Truth and Reconciliation Committee” reported that the conflict lasted longer, affected broader swaths of the national territory, and inflicted higher costs, in both human and economic terms, than did any other conflict in Peru’s history. Of those killed, 75 percent were speakers of an indigenous language, and almost 40 percent were among the poorest and most rural members of Peruvian society. These unequal impacts of the violence on the Peruvian people revealed deep and h...
Constitutional Protection of Human Rights in Latin America
This book examines the most recent trends in the constitutional and legal regulations in all Latin American countries regarding the amparo proceeding. It analyzes the regulations of the seventeen amparo statutes in force in Latin America, as well as the regulation on the amparo guarantee established in Article 25 of the American Convention of Human Rights.
Fractured Politics
Latin American opinion surveys consistently point to Peruvian citizens' deep distrust of their elected rulers and democratic institutions. The 2011 presidential and legislative elections in Peru, along with the regional and municipal polls of the previous year, showed once again the degree of political fragmentation in contemporary Peru and the weakness of its party system. Fractured Politics examines the history of political exclusion in Peru, the weakness of representative institutions, and the persistence of localized violent protest. It also evaluates the contribution of institutional reforms in bridging the gap between state and society, including Peru's Law on Political Parties, administrative decentralization, and the experience of the Defensoría, or ombudsman's office. The chapters, by leading scholars of Peruvian politics, emerge from a conference, held in 2009 in Saint Antony's College Oxford. Julio Cotler, from the Instituto de Estudios Peruanos (IEP), was the keynote speaker.
European and US Constitutionalism
European constitutionalism is not merely an intra-European phenomenon but it can also be compared to other major forms of constitutionalism. Over the past decade or so issues have emerged which seem to indicate that European constitutional theory and practice is becoming aware that it has developed certain rules and possesses certain characteristics which distinguish it from US constitutionalism and vice versa. This book explores whether such differences can be found in the five areas of 'freedom of speech', 'human dignity', 'duty to protect', 'adjudication' and 'democracy and international influences'. The authors of this book are constitutional scholars from Europe and the United States as well as from other constitutional states, such as Canada, Israel, Japan, Peru and South Africa.
Peruvian Foreign Policy in the Modern Era
Peruvian Foreign Policy in the Modern Era is a chronological treatment of Peruvian foreign policy from 1990 to the present. It focuses on the impact of domestic politics, economic interests, security concerns, and alliance diplomacy on contemporary Peruvian foreign policy. In common with other Latin American states, sovereignty, territorial integrity, regionalism, continental solidarity, and economic independence were core goals of Peruvian foreign policy after independence. In modern times, successive Peruvian governments have continued to address these and related issues in a foreign policy grounded in pragmatism and notable for its emphasis on a rational combination of continuity and change. The Fujimori administration (1990–2000) set the stage for this shift in the direction, tone, and content of the nation’s foreign policy with successor administrations refining and building upon the initiatives launched by Fujimori.
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