Constitutional courts as mediators : armed conflict, civil-military relations, and the rule of law in Latin America
Author(s)
Bibliographic Information
Constitutional courts as mediators : armed conflict, civil-military relations, and the rule of law in Latin America
(Comparative constitutional law and policy)
Cambridge University Press, 2016
- : hardback
Available at 2 libraries
  Aomori
  Iwate
  Miyagi
  Akita
  Yamagata
  Fukushima
  Ibaraki
  Tochigi
  Gunma
  Saitama
  Chiba
  Tokyo
  Kanagawa
  Niigata
  Toyama
  Ishikawa
  Fukui
  Yamanashi
  Nagano
  Gifu
  Shizuoka
  Aichi
  Mie
  Shiga
  Kyoto
  Osaka
  Hyogo
  Nara
  Wakayama
  Tottori
  Shimane
  Okayama
  Hiroshima
  Yamaguchi
  Tokushima
  Kagawa
  Ehime
  Kochi
  Fukuoka
  Saga
  Nagasaki
  Kumamoto
  Oita
  Miyazaki
  Kagoshima
  Okinawa
  Korea
  China
  Thailand
  United Kingdom
  Germany
  Switzerland
  France
  Belgium
  Netherlands
  Sweden
  Norway
  United States of America
Note
Includes bibliographical references and index
Description and Table of Contents
Description
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.
Table of Contents
- 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.
by "Nielsen BookData"