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The DNA of Constitutional Justice in Latin America

The DNA of Constitutional Justice in Latin America
Politics, Governance, and Judicial Design

$110.00 (C)

Part of Comparative Constitutional Law and Policy

  • Publication planned for: April 2018
  • availability: Not yet published - available from April 2018
  • format: Hardback
  • isbn: 9781107178366

$ 110.00 (C)

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About the Authors
  • In recent times there has been a dramatic change in the nature and scope of constitutional justice systems in the global south. New or reformed constitutions have proliferated, protecting social, economic, and political rights. While constitutional courts in Latin America have traditionally been used as ways to limit power and preserve the status quo, the evidence shows that they are evolving into a functioning part of contemporary politics and a central component of a system of constitutional justice. This book lays bare the political roots of this transformation, outlining a new way to understand judicial design and the very purpose of constitutional justice. Authors Daniel M. Brinks and Abby Blass use case studies drawn from nineteen Latin American countries over forty years to reveal the ideas behind the new systems of constitutional justice. They show how constitutional designers entrust their hopes and fears to dynamic governance systems, in hopes of directing the development of constitutional meaning over time.

    • Analyzes the constitutional justice systems in Latin America over the last forty years
    • Presents and explains a new dataset of judicial autonomy and authority for nineteen Latin American countries
    • Introduces basic concepts of judicial design that can be applied to the study of courts anywhere at any time
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    Product details

    • Publication planned for: April 2018
    • format: Hardback
    • isbn: 9781107178366
    • dimensions: 228 x 152 mm
    • contains: 21 b/w illus. 12 tables
    • availability: Not yet published - available from April 2018
  • Table of Contents

    1. Constitutional justice in the Americas at the turn of the Millennium
    2. Judicial power and the design of constitutional justice
    3. The political origins of powerful constitutional courts: constitutional governance and the politics of judicial design
    4. Identifying the political origins of constitutional justice through quantitative analysis
    5. Guatemala (1985): building constitutional justice in the shadow of Civil War
    6. Argentina (1994): negotiating a plural space of constitutional justice
    7. Bolivia (2009): governance logic in the new constitutionalism
    8. Conclusion: the politics of constitutional justice
    Appendix A. Judicial power: concepts and measures.

  • Authors

    Daniel M. Brinks, University of Texas, Austin
    Daniel M. Brinks is Associate Professor in the Government Department and Law School at the University of Texas at Austin. He is also a Senior Researcher with the Christian Michelsen Institute.

    Abby Blass, University of Texas, Austin
    Abby Blass is a Ph.D. candidate in Government at the University of Texas at Austin.

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