Institutional Determinants of the Judicialisation of Policy in Brazil and Mexico

2006 ◽  
Vol 38 (4) ◽  
pp. 739-766 ◽  
Author(s):  
JULIO RIOS-FIGUEROA ◽  
MATTHEW M. TAYLOR
Keyword(s):  
Latin America ◽  
Case Studies ◽  
Policy Change ◽  
Legal System ◽  
Policy Reform ◽  
Institutional Characteristics ◽  
Political Actors ◽  
Institutional Determinants ◽  
Primary Determinant ◽  
Policy Objectives

This article offers a comparative perspective on judicial involvement in policy change in Latin America during the last decade and a half. Drawing on the literature on new institutionalism and the judicialisation of politics, and on case studies from Latin America's two largest countries, we propose a comparative framework for analysing the judicialisation of policy in the region. On the basis of this framework, we argue that institutional structure is a primary determinant of patterns of the judicialisation of policy. In particular, institutional characteristics of the legal system affect the way political actors fight to achieve their policy objectives and the kinds of public justifications used to defend policy reform.

Images and imaginaries of unemployed people: Discursive shifts in the transition from active to activating labour market policies in Germany

2017 ◽  
Vol 38 (2) ◽  
pp. 387-406 ◽  
Author(s):  
Markus Griesser
Keyword(s):  
Labour Market ◽  
Case Studies ◽  
Policy Change ◽  
Functional Change ◽  
Crucial Importance ◽  
Policy Studies ◽  
Unemployed People ◽  
Labour Market Policies ◽  
Political Actors ◽  
State Functions

This article introduces a distinctive approach in the field of policy studies. In so doing, it attempts to show how functional change and policy change are mediated through discursive change. For this purpose, the hypothesis of a re-orientation of state functions in the transition from Fordism to Post-Fordism is introduced and further investigated by re-conceptualising it as a policy change in the field of labour market policies (LMPs). By focusing on two case studies regarding the implementation of active and activating LMPs, I will take a closer look at the adoption of these approaches in Germany. More precisely, the associated political discourse is examined in order to highlight the accompanying ‘economic imaginaries’ and their role in legitimising the aforementioned approaches. I find that such discursive changes are of crucial importance since they represent competing guidelines for political actors in search of solutions to emerging problems.

Testing the Causal Mechanisms in Additional Cases

2017 ◽  
Author(s):  
Paul D. Kenny
Keyword(s):  
Twentieth Century ◽  
Latin America ◽  
Case Studies ◽  
Democratic Party ◽  
Party System ◽  
Liberal Democratic Party ◽  
System Stability ◽  
Relative Autonomy ◽  
Causal Mechanisms ◽  
Liberal Democratic

Case studies of Indonesia and Japan illustrate that party-system stability in patronage democracies is deeply affected by the relative autonomy of political brokers. Over the course of a decade, a series of decentralizing reforms in Indonesia weakened patronage-based parties hold on power, with the 2014 election ultimately being a contest between two rival populists: Joko Widodo and Subianto Prabowo. Although Japan was a patronage democracy throughout the twentieth century, the ruling Liberal Democratic Party (LDP) remained robust to outsider appeals even in the context of economic and corruption crises. However, reforms in the 1990s weakened the hold of central factional leaders over individual members of the LDP and their patronage machines. This was instrumental to populist Junichiro Koizumi’s winning of the presidency of the LDP and ultimately the prime ministership of Japan. This chapter also reexamines canonical cases of populism in Latin America.

Freedom Tide? Ideology, Politics, and the Origins of Democracy Promotion in U.S. Central America Policy, 1980–1984

2014 ◽  
Vol 16 (4) ◽  
pp. 60-109 ◽  
Author(s):  
Evan McCormick
Keyword(s):  
Human Rights ◽  
Foreign Policy ◽  
Latin America ◽  
Central America ◽  
Reagan Administration ◽  
Democracy Promotion ◽  
The Political ◽  
History Of ◽  
Policy Objectives ◽  
Dramatic Shift

The Reagan administration came to power in 1981 seeking to downplay Jimmy Carter's emphasis on human rights in U.S. policy toward Latin America. Yet, by 1985 the administration had come to justify its policies towards Central America in the very same terms. This article examines the dramatic shift that occurred in policymaking toward Central America during Ronald Reagan's first term. Synthesizing existing accounts while drawing on new and recently declassified material, the article looks beyond rhetoric to the political, intellectual, and bureaucratic dynamics that conditioned the emergence of a Reaganite human rights policy. The article shows that events in El Salvador suggested to administration officials—and to Reagan himself—that support for free elections could serve as a means of shoring up legitimacy for embattled allies abroad, while defending the administration against vociferous human rights criticism at home. In the case of Nicaragua, democracy promotion helped to eschew hard decisions between foreign policy objectives. The history of the Reagan Doctrine's contentious roots provides a complex lens through which to evaluate subsequent U.S. attempts to foster democracy overseas.

The Sovereign and its Shadow: Constituent Assembly and Indigenous Movement in Ecuador

2003 ◽  
Vol 35 (4) ◽  
pp. 721-750 ◽  
Author(s):  
ROBERT ANDOLINA
Keyword(s):  
Latin America ◽  
Latin American ◽  
Latin American Politics ◽  
Political Actors ◽  
Constituent Assembly ◽  
Institutional Politics ◽  
Ideological Struggle ◽  
Indigenous Movement ◽  
The Impact ◽  
Constitutive Principles

A crucial development in current Latin American politics is the growing involvement of indigenous movements in democracies grappling with the challenges of regime consolidation. This article examines how Ecuador's indigenous movement consecrated new rights and national constitutive principles in the 1997–8 constitutional assembly. It argues that the indigenous movement defined the legitimacy and purpose of the assembly through an ideological struggle with other political actors, in turn shaping the context and content of constitutional reforms in Ecuador. The article concludes that softening the boundary between ‘cultural politics’ and ‘institutional politics’ is necessary in order to understand the impact of social movements in Latin America.

scholarly journals Policy Entrepreneurship and Policy Transfer: Flood Risk Governance in Northern Sweden

2017 ◽  
Vol 11 (1) ◽  
pp. 1-12 ◽  
Author(s):  
Evangelia Petridou ◽  
Pär M. Olausson
Keyword(s):  
Policy Change ◽  
Flood Risk ◽  
National Level ◽  
Policy Transfer ◽  
Risk Governance ◽  
Policy Entrepreneur ◽  
Policy Entrepreneurship ◽  
Public And Private ◽  
Political Actors

AbstractCentral to policies relating to risk governance at the regional and local levels is the interaction between the public and private sectors also referred to as networked governance. At the same time, the role of political actors in general and policy entrepreneurs in particular, in terms of policy change, has gained considerable traction in recent policy scholarship. The purpose of this study was to investigate the change in governance arrangements resulting in the formation of a coordination network in regional flood risk management-the first of its kind in Sweden. Our research is guided by the following questions: first, would the policy change (the establishment of the networks)have taken place if a policy entrepreneur were not part of the policy transfer process? Second, what is the role of policy entrepreneurship in the implementation of the policy after its nationwide adoption? Third, what other factors played a role in the variation of the results in the implemented policy that is, the enforced networks? We find the role of a policy entrepreneur key in the policy transfer from the regional to the national level. In order to investigate the resultant networks, we draw from B. Guy Peters (1998) and his conceptualization of factors which affect the politics of coordination. In addition to the presence of a policy entrepreneur, we compare: (i) pluriformity of network members;(ii) member interdependence; (iii) redundancy of structures, and (iv) degree of formality (in terms of meetings). Our findings suggest that entrepreneurs contribute to the variation in the functionality of the enforced river groups, though other factors play a significant role as well.Most importantly, perhaps, we did not identify entrepreneurs in any of the river groups which were not functional.

Datenmacht

2021 ◽  
Author(s):  
Simon Deuring
Keyword(s):  
Case Studies ◽  
Legal System ◽  
Industry 4.0 ◽  
Technological Development ◽  
Free Market ◽  
Balance Of Power ◽  
Cost Reductions ◽  
New Business ◽  
The Law

Data shifts the balance of power in the economy dramatically. However, digitisation also offers a multitude of opportunities: the development of new business areas, cost reductions and personalised offers. The increasing speed of technological development forces the legal system to tread on thin ice. Is the key in a regulated or free market? The book shows risks and opportunities of both options, as well as the strengths and weaknesses in European and national law. By using the latest case studies and entering new areas of the law, the book explores the question of how the Industry 4.0 should be designed.

How do policy transfer mechanisms influence policy outcomes in the context of authoritarianism in Vietnam?

2022 ◽  
Author(s):  
Hang Duong
Keyword(s):  
Best Practices ◽  
Policy Change ◽  
Analytical Framework ◽  
Policy Transfer ◽  
Policy Outcomes ◽  
National Context ◽  
Political Actors ◽  
Authoritarian State ◽  
Convergence And Divergence ◽  
Transfer Mechanisms

The literature on policy transfer shows that it may result in simultaneous policy convergence and policy divergence. However, little is known about how such results happen when transferring from multiple and possibly contrasting sources. This study finds that civil service reforms in Vietnam’s merit-based policies are influenced by both western and Asian models of meritocracy. This makes them both closer to universal ‘best practices’ and at the same time sharpens the distinctiveness of Vietnam’s policy. The calculations of political actors in combination with the context of a one-party authoritarian state have led to policy transfer through mechanisms of translation and assemblage which brings about a hybrid of convergence and divergence. This study enhances understanding of policy transfer in the context of Asian authoritarianism. In finding hybridity in transfer outcomes in this national context, the article shows the uniqueness of resultant policy change and develops an analytical framework for the influence of policy transfer on policy outcomes.

Hearth and Home and Horror: Gothic Trappings in early C20th Latin American Short Fiction

2021 ◽  
Vol 23 (2) ◽  
pp. 201-216
Author(s):  
Megan DeVirgilis
Keyword(s):  
Latin America ◽  
Case Studies ◽  
Latin American ◽  
Short Fiction ◽  
Short Form ◽  
Gothic Novel ◽  
To Receive ◽  
American Authors ◽  
Scholarly Attention

The Gothic short form in Latin America has yet to receive focused scholarly attention. Yet, despite no early Gothic novel tradition to speak of, the Gothic mode emerged in poetry and short fiction, representing particular anxieties and colonial/postcolonial realities specific to the region owing in part to a significant increase in periodicals. Focusing on two case studies – Clemente Palma's ‘La granja blanca’ (Peru, 1904) and Horacio Quiroga's ‘El almohadón de plumas’ (Uruguay, 1917) – this article will explore how Latin American authors classified as modern, modernista, and criollista were experimenting with Gothic forms, adapting the design of the traditional Gothic novel to intensify its effect and reach a wider readership. Demonstrating a particular influence of Poe, a unity of effect is created, one that suggests that the home is a place of horrors, not comfort, and the uniquely horrifying settings and plot ultimately challenge established moral codes and literary tendencies.

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