Constitutional courts as mediators : armed conflict, civil-military relations, and the rule of law in Latin America / Julio Rios-Figueroa.

Format:

Book

Author/Creator:

Ríos Figueroa, Julio, author.

Series:

Comparative constitutional law and policy

Language:

English

Subjects (All):

Constitutional courts--Latin America.

Constitutional courts.

Courts of last resort--Latin America.

Courts of last resort.

Political questions and judicial power--Latin America.

Political questions and judicial power.

Civil-military relations--Latin America.

Civil-military relations.

Military law.

Latin America.

Military law--Latin America.

Physical Description:

1 online resource (xv, 238 pages) : digital, PDF file(s).

Place of Publication:

Cambridge : Cambridge University Press, 2016.

System Details:

text file

PDF

Summary:

This book offers a new theoretical framework for understanding the mediator role played by constitutional courts in democratic conflict solving. The book proposes an informational theory of constitutional review in which constitutional courts obtain, process, and transmit information to parties in a way that reduces the uncertainty causing their conflict. The substantive focus of the book is the role of constitutional courts in democracies where the armed forces are fighting internal armed conflicts of different types: Colombia, Peru, and Mexico in Latin America and also Israel, Turkey, and Pakistan. Through detailed analyses of the political context, civil-military relations, and the constitutional jurisprudence on military autonomy and the regulation of the use of force the book shows that constitutional courts can be instrumental in striking a democratically accepted balance between the exercise of civilian authority and the legitimate needs of the military in its pursuit of order and national security.

Notes:

Title from publisher's bibliographic system (viewed on 05 May 2016).

Other Format:

Print version:

ISBN:

9781139942157

Access Restriction:

Restricted for use by site license.