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
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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 show
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Uhma, Piotr. "The Constitutionalization of International Law After Liberalism." Politeja 18, no. 6(75) (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 langu
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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 separa
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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 (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 (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 ove
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Simonett, Helena. "Tumbando muros – Chanting down the walls: Musik, Migrationspolitik, Menschenwürde." Schweizer Jahrbuch für Musikwissenschaft – Neue Folge 39 (December 22, 2022): 73–84. https://doi.org/10.5281/zenodo.7547629.

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The complex relationship between people and places has increasingly become a subject of scholarly inquiry with the rapid growth of globalizing processes since the 1990s. Place attachment and memories are central to coming to terms with one's fate, especially for people displaced from their homelands by economic or ecological crises and political conflicts. Music plays an important role in coping with insuing inequalities and feelings of powerlessness. For example, politically engaged bands often build on musical styles and genres located in specific listening traditions to musically challe
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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 t
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Szilágyi, István. "Geopolitikai változások, modernizációs stratégiák és a szubimperializmus koncepció újragondolása: a brazil eset." Öt Kontinens 1 (September 9, 2024): 247–69. http://dx.doi.org/10.61498/ok2024-1.11.

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The aim of this study is to analyze theoretical questions using examples from the main geopolitical changes occurring worldwide. In the 1980s and 1990s, in the three semi-peripheral regions of the world, namely Southern Europe, Latin America, and Eastern-Central Europe, authoritarian and bureaucratic dictatorships collapsed. Subsequently emerging countries, including members of the BRICS-group, began to play a significant part in world politics. In Latin America, the era of the so-called „Exceptional States,” followed by a transition to democracy, came to end, resulting in hybrid political sys
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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 (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,
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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 2007<br>Examining 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)<br>PDF of thesis uploaded from the Library digital archive of EUI PhD theses<br>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
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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. Joseph P. Dailey, 2014.

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Procházka, Radoslav. Mission accomplished: On founding constitutional adjudication in Central Europe. 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. Taylor & Francis, 2008.

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Bork, Robert H. The tempting of America: The political seduction of the law. Free Press, 1990.

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Bronner, Ethan. Battle for justice: How the Bork nomination shook America. Anchor Books, 1990.

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Siri, Gloppen, Gargarella Roberto 1964-, and Skaar Elin, eds. Democratization and the judiciary: The accountability function of courts in new democracies. Frank Cass Pub., 2004.

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Calleros-Alarcón, Juan Carlos. Unfinished Transition to Democracy in Latin America. Taylor & Francis Group, 2012.

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Calleros-Alarcón, Juan Carlos. Unfinished Transition to Democracy in Latin America. Taylor & Francis Group, 2008.

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Calleros-Alarcon, Juan Carlos. Unfinished Transition to Democracy in Latin America. Routledge, 2008.

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America's prophets: How judicial activism makes America great. Praeger Publishers, 2009.

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Book chapters on the topic "Political questions and judicial power – Central America"

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Pearson, Joseph W. "Conclusion." In The Whigs' America. 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 a
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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 rule
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