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.

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.

Physical Description:

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

Place of Publication:

Cambridge : Cambridge University Press, 2016.

Language Note:

English

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.

Contents:

Cover; Half-title; Series information; Title page; Copyright information; Dedication; Table of contents; List of figures; List of tables; Acknowledgments; 1 Constitutional Courts and the Armed Forces; 2 A Theory of Constitutional Courts as Mediators; 3 Constitutional Jurisprudence on Military Autonomy in Colombia, 1958-2013; 4 Constitutional Jurisprudence on Military Autonomy in Peru, 1979-2013; 5 Constitutional Jurisprudence on Military Autonomy in Mexico, 1917-2013; 6 Judicial Regulation of the Use of Force in Colombia, Peru, and Mexico

7 Constitutional Courts as Mediators beyond Latin America; 8 Constitutional Courts and Democratic Conflict Solving; References; Index; Informational Challenges in Civil-Military Relations; Constitutional Courts as Mediators; Empirical Strategy and Plan of the Book; What Do Constitutional Courts Do?; Constitutional Courts as Mediators; Constitutional Courts as Mediators in Cases Dealing with the Armed Forces; Long-Term Jurisprudential Patterns on Military Autonomy in Colombia, 1958-2013; The Supreme Court, 1958-1991; The Constitutional Court, 1991-2013

Long-Term Jurisprudential Patterns on Military Autonomy in Peru, 1979-2013; The Tribunal of Constitutional Guarantees, 1979-1992; The Constitutional Tribunal, 1993-2013; Conclusion: The Constitutional Tribunal as a Mediator?; Long-Term Jurisprudential Patterns on Military Autonomy in Mexico, 1917-2013; The Supreme Court, 1917-1940; The Supreme Court, 1940-1994; The Supreme Court, 1994-2013; Legal Uncertainties in an Internal Security Crisis; A Most-Similar Cases Approach on the Judicial Regulation of the Use of Force; The Colombian Constitutional Court's Jurisprudence on the Use of Force

Israel; Turkey; Pakistan; Conclusion; Courts as Mediators Beyond Civil-Military Relations; Judicial Independence: Credibility in Obtaining and Transmitting Information; Access to Constitutional Courts: Acquisition of Conflict-Relevant Information; Powers of Constitutional Review: Processing and Transforming Information; Caveats with Using De Jure Indicators; What Does "Informative Jurisprudence" Look Like?; Judges' Motivations and Alternative Explanations for Judicial Behavior; Endogeneity, Reverse Causality, and Compliance; Political Context and Civil-Military Relations

The Supreme Court: Independence, Access, and Powers; Constitutional Jurisprudence on Military Autonomy; Conclusion: The Supreme Court as an Arbitrator; Political Context and Civil-Military Relations; The Constitutional Court: Independence, Access, Powers; Constitutional Jurisprudence on Military Autonomy; Conclusion: The Constitutional Court as a Mediator; Political Context and Civilian-Military Relations; The Tribunal of Constitutional Guarantees: Independence, Access, Powers; Tribunal of Constitutional Guarantees' Constitutional Jurisprudence on Military Autonomy; Conclusion: The Tribunal of Constitutional Guarantees as an Arbitrator

Notes:

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

Includes bibliographical references and index.

ISBN:

1-316-68176-9

1-316-68230-7

1-316-68239-0

1-316-68248-X

1-316-68257-9

1-316-68284-6

1-139-94215-8