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"Gargarella, Roberto, 1964-"
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The Legal Foundations of Inequality
The long revolutionary movements that gave birth to constitutional democracies in the Americas were founded on egalitarian constitutional ideals. They claimed that all men were created equal with similar capacities and also that the community should become self-governing. Following the first constitutional debates that took place in the region, these promising egalitarian claims, which gave legitimacy to the revolutions, soon fell out of favor. Advocates of a conservative order challenged both ideals and favored constitutions that established religion and created an exclusionary political structure. Liberals proposed constitutions that protected individual autonomy and rights but established severe restrictions on the principle of majority rule. Radicals favored an openly majoritarian constitutional organization that, according to many, directly threatened the protection of individual rights. This book examines the influence of these opposite views during the 'founding period' of constitutionalism in countries including the United States, Argentina, Colombia, Chile, Ecuador, Mexico, Peru, and Venezuela.
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Democratization and the Judiciary
This title examines the political role of courts in new democracies in Latin America and Africa, focusing on their ability to hold political power-holders accountable when they act outside their constitutionally defined powers. The book also issues a warning: there are problems inherent in the current global move towards strong constitutional government, where increasingly strong powers are placed in the hands of judges who themselves are not made accountable.
1. Introduction: The accountability function of courts in new democracies 2. Judicial Review in Developed Democracies 3. How Some Reflections on the United States Experience May Inform African Efforts to Build Court Systems and the Rule of Law 4. The Constitutional Court and Control of Presidential Extraordinary Powers in Colombia 5. The Politics of Judicial Review in Chile in the Era of Democratic Transition, 1990-2002 6. Legitimating Transformation: Political resource allocation in the South African constitutional court 7. The Accountability Function of the Courts in Tanzania and Zambia 8. Renegotiating \"Law and Order\": Judicial reform and citizen responses in post-war Guatemala 9. Economic Reform and Judicial Governance in Brazil: Balancing independence with accountability 10. In Search of a Democratic Justice: What courts should not do - Argentina, 1983-2002 11. Lessons Learned and the Way Forward
eBook