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Envisioning Reform Cover

Envisioning Reform

Improving Judicial Performance in Latin America

Linn Hammergren

Judicial reform became an important part of the agenda for development in Latin America early in the 1980s, when countries in the region started the process of democratization. Connections began to be made between judicial performance and market-based growth, and development specialists turned their attention to “second generation” institutional reforms. Although considerable progress has been made already in strengthening the judiciary and its supporting infrastructure (police, prosecutors, public defense counsel, the private bar, law schools, and the like), much remains to be done. Linn Hammergren’s book aims to turn the spotlight on the problems in the movement toward judicial reform in Latin America over the past two decades and to suggest ways to keep the movement on track toward achieving its multiple, though often conflicting, goals. After Part I’s overview of the reform movement’s history since the 1980s, Part II examines five approaches that have been taken to judicial reform, tracing their intellectual origins, historical and strategic development, the roles of local and international participants, and their relative success in producing positive change. Part III builds on this evaluation of the five partial approaches by offering a synthetic critique aimed at showing how to turn approaches into strategies, how to ensure they are based on experiential knowledge, and how to unite separate lines of action.

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European Elections and Domestic Politics Cover

European Elections and Domestic Politics

Lessons from the Past and Scenarios for the Future

Edited by Wouter van der Brug and Cees van der Eijk

This book analyzes how the behavior of voters, parties, and the mass media in European Parliament elections affects domestic politics and how, in turn, domestic politics affects those behaviors. The contributors discuss election turnout and party choice, the contract between the European Parliament and national elections, the importance of citizens’ attitudes toward European integration, the relationship between political parties’ domestic policies and their stances on European integration, and the ways in which the mass media and election campaigns affect electoral outcomes. On the basis of this information, the authors present possible scenarios for future European elections and their relationship to the domestic politics of the EU member-states. The product of superb empirical research, European Elections and Domestic Politics is based on a unique combination of data from voter surveys, party manifestos, and mass media reports across all members of the European Union. This book will be essential for anyone interested in the future of the EU.

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From the Ground Up Cover

From the Ground Up

Improving Government Performance with Independent Monitoring Organizations

Stephen Kosack, Courtney Tolmie, and Charles C. Griffin

This book is based on a simple concept: no one is in a better position to hold a government accountable than those it governs.

When governments fail to meet the needs of their citizens, the international community often turns to large external organizations such as the International Monetary Fund or the World Bank. These analysts and monitors may have the resources and expertise to analyze and advise on public spending and governance, but where do they go when the time comes to implement new policies? And can they really have a more nuanced understanding of the country's problems than its own citizens? Who is there to watch day and night to hold the government accountable?

From the Ground Up proposes that the international community's efforts to improve public expenditure and budget execution decisions would be more effective if done in collaboration with local independent monitoring organizations. Stephen Kosack, Courtney Tolmie, and Charles Griffin track the work of sixteen independent monitoring organizations from across the developing world, demonstrating how these relatively small groups of local researchers produce both thoughtful analysis and workable solutions. They achieve these results because their vantage point allows them to more effectively discern problems with governance and to communicate with their fellow citizens about the ideals and methods of good governance.

The authors also outline some disadvantages facing independent monitoring organizations, such as insufficient resources, inadequate access to data, and too little influence with high government officials. Collaboration with larger international organizations could help independent monitoring organizations overcome such obstacles, increasing their chances of improving governance —from the ground up.

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From Words to Worlds Cover

From Words to Worlds

Exploring Constitutional Functionality

Beau Breslin

In the 225 years since the United States Constitution was first drafted, no single book has addressed the key questions of what constitutions are designed to do, how they are structured, and why they matter. In From Words to Worlds, constitutional scholar Beau Breslin corrects this glaring oversight, singling out the essential functions that a modern, written constitution must incorporate in order to serve as a nation’s fundamental law. Breslin lays out and explains the basic functions of a modern constitution—including creating a new citizenry, structuring the institutions of government, regulating conflict between layers and branches of government, and limiting the power of the sovereign. He also discusses the theoretical concepts behind the fundamentals of written constitutions and examines in depth some of the most important constitutional charters from around the world. In assaying how states put structural ideas into practice, Breslin asks probing questions about why—and if—constitutions matter. Solidly argued and engagingly written, this comparative study in constitutional thought demonstrates clearly the key components that a state’s foundational document must address. Breslin draws a critically important distinction between constitutional texts and constitutional practice.

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The Fujimori Legacy Cover

The Fujimori Legacy

The Rise of Electoral Authoritarianism in Peru

Edited by Julio F. Carrión

President Alberto Fujimori’s sudden resignation in November 2000 brought an end to a highly controversial period in Peruvian history. His meteoric rise to power in 1990 fueled by widespread popular support, followed by his decision to dissolve Congress and rule by decree in 1992, has made his regime a focus of special attention by scholars trying to understand this complex and contradictory presidency.This book offers a comprehensive assessment of Fujimori’s regime in the context of Latin America’s struggle to consolidate democracy after years of authoritarian rule. Setting the regime conceptually in a discussion of alternative forms of government—delegative democracy, neopopulism, and electoral authoritarianism—the essays study it from two different perspectives: external (in its relations with political parties, Lima’s mayors, public opinion, women, the U.S. government) and internal (examining economic policies as determined by governing coalitions, networks of corruption, and Fujimori’s unsavory relationship with his security advisor Vladimiro Montesinos). Overall, The Fujimori Legacy helps illuminate the persistent obstacles that Latin American countries face in establishing democracy.In addition to the editor, contributors are Robert Barr, Maxwell Cameron, Catherine Conaghan, Henry Dietz, Philip Mauceri, Cynthia McClintock, David Scott Palmer, Kenneth Roberts, Gregory Schmidt, John Sheahan, Kurt Weyland, and Carol Wise.

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Gendered Paradoxes Cover

Gendered Paradoxes

Women's Movements, State Restructuring, and Global Development in Ecuador

Amy Lind

Since the early 1980s Ecuador has experienced a series of events unparalleled in its history. Its “free market” strategies exacerbated the debt crisis, and in response new forms of social movement organizing arose among the country’s poor, including women’s groups. Gendered Paradoxes focuses on women’s participation in the political and economic restructuring process of the past twenty-five years, showing how in their daily struggle for survival Ecuadorian women have both reinforced and embraced the neoliberal model yet also challenged its exclusionary nature. Drawing on her extensive ethnographic fieldwork and employing an approach combining political economy and cultural politics, Amy Lind charts the growth of several strands of women’s activism and identifies how they have helped redefine, often in contradictory ways, the real and imagined boundaries of neoliberal development discourse and practice. In her analysis of this ambivalent and “unfinished” cultural project of modernity in the Andes, she examines state policies and their effects on women of various social sectors; women’s community development initiatives and responses to the debt crisis; and the roles played by feminist “issue networks” in reshaping national and international policy agendas in Ecuador and in developing a transnationally influenced, locally based feminist movement.

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Governance in the Americas Cover

Governance in the Americas

Decentralization, Democracy, and Subnational Government in Brazil, Mexico, and the USA

Robert H. Wilson, Peter M. Ward, Peter K. Spink, Victoria E. Rodriguez

Governance in the Americas, a multidisciplinary volume, offers important new insights about decentralization, federalism, and democratic change in the three largest federal nations in the Americas: Brazil, Mexico, and the United States. Originating in a major research project conducted by teams in each of the three countries, this study contributes significantly to our understanding of how representative and participatory democracy is being constructed at state and local levels in the recently emerged democracies of Brazil and Mexico, and is being recast and sustained in the United States. The contributors evaluate the performance of subnational governments, as these societies become more genuinely decentralized, and as new actors and managerial routines create and implement public policy. The authors challenge the criticism of “exceptionalism” in the United States, seeking instead to understand the points of convergence and divergence among the three countries as each seeks to improve the effectiveness and public accountability of its policy-making processes.

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Harnessing Globalization Cover

Harnessing Globalization

The Promotion of Nontraditional Foreign Direct Investment in Latin America

Roy C. Nelson

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In Pursuit of Liberalism Cover

In Pursuit of Liberalism

International Institutions in Postcommunist Europe

Rachel A. Epstein

Though the fall of the Soviet Union opened the way for states in central and eastern Europe to join the world of market-oriented Western democracies, the expected transitions have not been as easy, common, or smooth as sometimes perceived. Rachel A. Epstein investigates how liberal ideas and practices are embedded in transitioning societies and finds that success or failure depends largely on creating a social context in which incentives held out by international institutions are viewed as symbols of an emerging Western identity in the affected country. Epstein first explains how a liberal worldview and institutions like the European Union, World Bank, the International Monetary Fund, and the North Atlantic Treaty Organization go hand-in-hand and why Western nations assume that a broad and incremental program of incentives to join will encourage formerly authoritarian states to reform their political and economic systems. Using Hungary, Poland, Romania, and the Ukraine as case studies, she demonstrates the limits of conditionality in the face of national social perceptions and elucidates the three key points around which a consensus within the state must emerge before international institutions can expect liberalization: domestic officials must be uncertain about how changing policies will affect their interests; the status of international and domestic institutions must not be in jeopardy; and the proposed polices must seem credible. In making her case, Epstein cleverly bridges the gap between the rationalist and constructivist schools of thought. Offering new data on and fresh interpretations of reforming central bank policies, privatizing banks with foreign capital, democratizing civil-military relations, and denationalizing defense policy, In Pursuit of Liberalism extends well beyond the scope of previous book-length studies.

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Judicial Power and National Politics Cover

Judicial Power and National Politics

Courts and Gender in the Religious-Secular Conflict in Israel

Uses the case of Israel to examine the circumstances that lead national courts to engage heated political issues. Patricia J. Woods examines a controversial issue in the politics of many countries around the world: the increasing role that courts and justices have played in deeply charged political battles. Through an extensive case study of the religious-secular conflict in Israel, she argues that the most important determining factor explaining when, why, and how national courts enter into the world of divisive politics is found in the intellectual or judicial communities with whom justices live, work, and think about the law on a daily basis. The interaction among members of this community, Woods maintains, is an organic, sociological process of intellectual exchange that over time culminates in new legal norms that may, through court cases, become binding legal principles. Given the right conditions—electoral democracy, basic judicial independence, and some institutional constraints—courts may use these new legal norms as the basis for a jurisprudence that justifies hearing controversial cases and allows for creative answers to major issues of national political contention.

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