Administrative Procedure and Judicial Review in Latin America

2021 ◽  
pp. 65-68
Author(s):  
Allan Brewer-Carias
Keyword(s):  
Latin America ◽  
Latin American ◽  
Judicial Review ◽  
Fundamental Rights ◽  
Administrative Procedure ◽  
Administrative Action ◽  
Administrative Act ◽  
Administrative Jurisdiction ◽  
Almost All ◽  
Latin American Countries

This chapter explains administrative procedure and judicial review in Latin America. Judicial review of administrative action has been constitutionalised in many Latin American countries, like Colombia, Costa Rica, Guatemala, Panama, Peru, Uruguay, and Venezuela, and has been the object of special laws regulating the jurisdiction. According to the Constitutions and to the laws regulating the contentious administrative jurisdiction in Latin America, all administrative provisions are subjected to judicial review as it is not possible for any administrative act to escape judicial control. Therefore, the principle applicable is the universal character of the judicial oversight of constitutionality and unlawfulness regarding regulations and administrative acts, which is exercised by the Courts without exception. In almost all Latin American countries, the rules of administrative procedure are regulated through special Administrative Procedure Lasw (APLs), which began to be sanctioned in 1972 (Argentina). In all cases where the courts find that a challenged administrative act infringes the fundamental rights of an individual or corporation, or does not meet the fundamental standards of administrative propriety and fairness, the courts of the contentious administrative jurisdiction in all Latin American countries have the power not only to annul the challenged act but, depending on the nature of the claim filed by the plaintiff, the courts can also award damages for the administrative action.

Latin America: Farewell to Dependency

2015 ◽  
pp. 85-94
Author(s):  
V. Krasil’shchikov
Keyword(s):  
Latin America ◽  
Latin American ◽  
Endogenous Development ◽  
Left Wing ◽  
Left Turn ◽  
Social Actors ◽  
Knowledge Based ◽  
The 1960S ◽  
Almost All ◽  
Latin American Countries

The paper deals with the problem of dependent development and conservative modernization in Latin America. Whereas external dependency has been the permanent feature of Latin American development since colonial times, conservative modernization can be treated as the essential effect of this development. Almost all significant reforms in Latin American countries began earlier than the own premises for them could mature, because they were the obliged responses to the external challenges and shocks the continent underwent. The social actors of those reforms were often interested in adaptation of the obsolete socioeconomic structures and relationships to the changed external conditions instead of their destruction and genuine social renewal. The cases of authoritarian modernizations in the Southern Cone countries in the 1960s–80s clearly illustrated such attempts of the ruling groups to go forward whilst looking back. The neoliberal reforms of the 1990s demonstrated, at first glance, continuation of this practice being a form of modernisation for the upper classes’ advantages. Meanwhile, as the author argues, these reforms were actually a “swan song” of conservative modernization in Latin America. The “left turn” of the next decade did not abolish external dependency of Latin American countries, but created some important premises for the rise of internally rooted impulses to endogenous development. The new social actors of this development, such as various NGOs and left-wing movements, began to emerge in Latin America. They propose own programmes of transition towards a knowledge-based, innovative economy. This phenomenon allows to suppose that some Latin American countries have real chances for technological breakthroughs in the future, and it will be the genuine deliverance from the model of a dependent, imitative development.

scholarly journals From Progress to Happiness: Measurements for Latin America

2014 ◽  
Vol 12 (1) ◽  
pp. 73-112
Author(s):  
Sary Levy-Carciente ◽  
Luis Mauricio Phélan ◽  
Jhoner Perdomo
Keyword(s):  
Latin America ◽  
Latin American ◽  
Fundamental Rights ◽  
Human Society ◽  
Theoretical Perspectives ◽  
Development Policies ◽  
Liberal Philosophy ◽  
The Many ◽  
The Individual ◽  
Latin American Countries

AbstractThis paper is based on a transformed concept of development: from a concept of development that is single-dimensional, concrete, and mainly quantitative, into one that is multidimensional. We focus on the components of development, the measurement of which includes qualitative observations of its effect on final beneficiaries. Because a useful understanding of development policies requires an evaluation of all the different metrics that emerge, we evaluate the development indices of 19 Latin American countries. The most recent theoretical perspectives link development to both liberal philosophy - focusing on the many dimensions of human society and the fundamental rights of the individual - and utilitarianism - emphasizing an evaluation of the success of various development policies and the usefulness of their outcomes.

scholarly journals A Historical Perspective on Administrative Jurisdiction in Latin America: Continental European Tradition versus U.S. Influence

2016 ◽  
Vol 5 (1) ◽  
pp. 241-289 ◽  
Author(s):  
Ricardo Perlingeiro
Keyword(s):  
Latin America ◽  
Latin American ◽  
Due Process ◽  
The United States ◽  
Procedural Due Process ◽  
European Tradition ◽  
Due Process Of Law ◽  
Administrative Jurisdiction ◽  
The 19Th Century ◽  
Latin American Countries

Abstract From the perspective of U.S. influence, this text analyses the history of administrative jurisdiction, starting from the 19th Century, in the 19 Latin American countries of Iberian origin (Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Cuba, Ecuador, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Dominican Republic, Uruguay and Venezuela). The analysis includes the U.S. unified judicial system (generalized courts) and procedural due process of law to decisions by the administrative authorities, the fertile field of primary jurisdiction, which is in conflict with the Continental European tradition firmly established in Latin American administrative law. While setting out the contradictions of administrative jurisdiction in Latin American countries that result from importing rules without putting them in the proper context, the text seeks to identify trends and create perspective to build a model of administrative justice specific to Latin America, drawing on the accumulated experience of the United States and Continental Europe.

Administrative Procedure and Judicial Review in Spain

2021 ◽  
pp. 72-74
Author(s):  
Oriol Mir
Keyword(s):  
Judicial Review ◽  
Administrative Law ◽  
The Other ◽  
Fully Integrated ◽  
Administrative Procedure ◽  
Administrative Action ◽  
Spanish Constitution ◽  
Administrative Jurisdiction ◽  
The Right ◽  
Judicial Protection

This chapter discusses administrative procedure and judicial review in Spain. The Spanish Constitution of 1978 (CE) devotes two central provisions to judicial review of administrative action. Article 106(1) CE, located in Part IV on government and administration, establishes that 'The Courts control the power to issue regulations and to ensure that the rule of law prevails in administrative action, as well as to ensure that the latter is subordinated to the ends which justify it'. On the other hand, Article 24(1) CE enshrines the fundamental right to effective judicial protection, which also includes protection against administrative action: 'Every person has the right to obtain the effective protection of the judges and the courts in the exercise of his or her legitimate rights and interests, and in no case may he go undefended'. Judicial review is usually performed by specific courts fully integrated into the judiciary, the so-called jurisdicción contencioso-administrativa (administrative jurisdiction), competent to review administrative action subject to Spanish administrative law.

Homeschooling in the Educational Landscape of Latin America

2021 ◽  
Author(s):  
Luciane Muniz Ribeiro Barbosa
Keyword(s):  
Latin America ◽  
Children And Adolescents ◽  
Latin American ◽  
Academic Research ◽  
Right To Education ◽  
American Children ◽  
The Right ◽  
Almost All ◽  
Latin American Countries

A number of developments stemmed from reforms to Latin America’s educational landscape beginning in 1990, with the regulamentation of homeschooling differing in countries across this region. Academic research and literature on homeschooling in these countries are just beginning, but it is clear that there is a “normative void” on this topic that is experienced by almost all Latin American countries despite the growing number of families choosing this form of education. There is a need to broaden the debate regarding the regulation of homeschooling in Latin America by analyzing local particularities in view of the commitment to protect the right to education for Latin American children and adolescents.

scholarly journals Donald Trump’s Policy Toward Latin America As an Issue of the U.S. Political Struggle 2020: Candidates’ Election Programs

2021 ◽  
pp. 236-245
Author(s):  
Timur Nelin ◽  
Keyword(s):  
Foreign Policy ◽  
Latin America ◽  
Latin American ◽  
Political Struggle ◽  
Latin American Region ◽  
General Scientific ◽  
The Subject ◽  
Almost All ◽  
Latin American Countries ◽  
The U.S

Introduction. Donald Trump’s policy towards the Latin American region and illegal Latino migrants was often criticized by mass media. Many experts admit that over four years of his presidency U.S. cooperation with Latin American countries was severely “undermined”. This negative trend should have been the subject of discussion of candidates for the U.S. presidential election in 2020. The purpose of the article is to find out what aspects of Trump’s policy towards Latin America were used by the candidates in their campaign statements, for what he was criticized and praised. Methods and Materials. The research is based on the analysis of candidates’ election programs and speeches. Donald Trump’s annual messages to Congress are analyzed as well. The author researches the programs of those candidates who reached the final stage of the 2020 elections and those who were most popular at the beginning of 2020 but lost the primaries. In addition to general scientific research methods, the author uses methods of discourse analysis and comparative analysis. Analysis. Almost all the candidates criticized the policy of Donald Trump in different way. The main issues were President’s approaches to Mexico, Cuba, Venezuela and dealing with illegal immigrants. Trump’s policy didn’t receive explicit approval from any candidate. Among all the contenders for the post of U.S. President, only Joe Biden offered a more or less developed plan for establishing relations with the Central America countries. Results. The author showers that main directions of Trump’s policy towards Latin America were not criticized. But the methods of this policy were criticized a lot. Most part of the Latin America region generally fell out of the U.S. foreign policy discourse. And it was almost not represented in the candidates programs and speeches. This suggests that real shifts in the Latin American direction of the U.S. foreign policy will not occur in the coming years.

Judicial Review of Administrative Action: Europe and Latin America

2021 ◽  
pp. 316-325
Author(s):  
Mario P. Chiti
Keyword(s):  
European Union ◽  
Latin America ◽  
International Organizations ◽  
Judicial Review ◽  
The European Union ◽  
Council Of Europe ◽  
Administrative Procedure ◽  
Administrative Action ◽  
Judicial Proceedings ◽  
General Part

This chapter provides a comparison of the discipline of judicial review of administrative action in Latin America and in Europe. In terms of judicial review in Latin America, international organizations did not exercise an 'integrative influence' as the Council of Europe and the European Union did in Europe. It may be said that the relative homogeneity of the systems of judicial review in Latin America is mainly the result of the cultural polity formed by many states resulting from the disintegration of the Spanish and Portuguese domains. The chapter then considers the main points of the general part of Professor Brewer-Carias's report on the discipline of judicial review of administrative action in Latin America, which shows a situation very similar to the European one. These include the nature of judicial review; administrative procedure and judicial review; procedural infringements; administrative appeals; monism and dualism; and judicial proceedings.

scholarly journals COVID-19 Mortality Rate and Its Incidence in Latin America: Dependence on Demographic and Economic Variables

2021 ◽  
Vol 18 (13) ◽  
pp. 6900
Author(s):  
Javier Cifuentes-Faura
Keyword(s):  
Latin America ◽  
Mortality Rate ◽  
Population Density ◽  
Life Expectancy ◽  
Latin American ◽  
Positive Influence ◽  
Death Rates ◽  
Per Capita ◽  
Latin American Countries ◽  
Quality Infrastructure

The pandemic caused by COVID-19 has left millions infected and dead around the world, with Latin America being one of the most affected areas. In this work, we have sought to determine, by means of a multiple regression analysis and a study of correlations, the influence of population density, life expectancy, and proportion of the population in vulnerable employment, together with GDP per capita, on the mortality rate due to COVID-19 in Latin American countries. The results indicated that countries with higher population density had lower numbers of deaths. Population in vulnerable employment and GDP showed a positive influence, while life expectancy did not appear to significantly affect the number of COVID-19 deaths. In addition, the influence of these variables on the number of confirmed cases of COVID-19 was analyzed. It can be concluded that the lack of resources can be a major burden for the vulnerable population in combating COVID-19 and that population density can ensure better designed institutions and quality infrastructure to achieve social distancing and, together with effective measures, lower death rates.

scholarly journals COVID-19 in Latin America: a first glance to the mortality

2020 ◽  
pp. 1-3 ◽  
Author(s):  
Nubia Muñoz
Keyword(s):  
Latin America ◽  
Latin American ◽  
Mortality Rates ◽  
European Countries ◽  
Death Rates ◽  
Death Toll ◽  
The United Kingdom ◽  
Health Authorities ◽  
The Us ◽  
Latin American Countries

It is too early to know which will be the final death toll from the Covid-19 or SARS-CoV-2 virus epidemy in Latin America since the epidemy is still active and we will not know when it will end. The curve for new infections and deaths has not reached yet a peak (Figure 1). In addition, we know little about the epidemiology of this new virus. The daily litany of the number of people infected with the number of admissions to hospitals and intensive care units and the number of deaths guides health authorities to plan health services and politicians to gauge the degree of confinement necessary to control the transmission of the virus, but it says little about the magnitude of the problem if we do not relate it to the population at risk. At the end of the pandemic, we will be able to estimate age-standardized death rates for the different countries, but until then the crude death rates will provide a first glance or snapshot of the death toll and impact of the pandemic from March to May 2020. These rates are well below those estimated in other countries in Europe and North America: Belgium (82.6), Spain (58.0), the United Kingdom (57.5), Italy (55.0), France (42.9), Sweden (41.4), and the US (30.7). (Johns Hopkins CSSE, May 30, 2020). However, in the European countries and the US the number of deaths has reached a peak, while this is not the case in Latin American countries. (Figure 1). It should be taken into account that the above rates are crude and therefore, some of the differences could be due to the fact that European countries have a larger proportion of the population over 70 years of age in whom higher mortality rates have been reported.

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