The “New Militarism” and the Rule of Law in Latin American Democracies

Author(s):  
Julio Ríos-Figueroa
2018 ◽  
Vol 43 (04) ◽  
pp. 1574-1603
Author(s):  
César F. Rosado Marzán

Hoping to improve labor justice, some Latin American countries have reformed their labor courts without necessarily buttressing working-class power. Class power theories make us skeptical of these state-centric strategies for labor rights. Will the “rule-of-law” reforms work? This article reports ethnographic evidence collected by the author in the Chilean labor courts during 2009–2010, and secondary sources. It compares contemporary labor courts, reformed but in an otherwise “neoliberal” context, with the unreformed labor courts of the “socialist” years (1970–1972) to gauge the efficacy of rule-of-law reforms. Results show that despite the neoliberal context, the labor courts were more responsive to workers' claims than under socialism. Rule of law and procedural rules matter for effective labor rights.


2014 ◽  
Vol 6 (2-3) ◽  
pp. 153-169 ◽  
Author(s):  
Shannon I. Smithey ◽  
Mary Fran T. Malone

Abstract Crime poses a formidable obstacle to democratization in many parts of the developing world. New democracies in Central America and sub-Saharan Africa face some of the highest homicide rates in the world. Politicians, citizens, and policy-makers have raised the alarm about the growing tide of criminality. Public insecurity, coupled with inefficient and often corrupt justice systems, makes democratization uncertain. Even if new democracies do not revert to dictatorship, the quality of democracy may suffer if crime continues to rise. One particularly vulnerable component of democracy is the rule of law, as public insecurity may fuel support for extra-legal justice, and a willingness to disregard the law while aggressively pursuing suspected criminals. To test these relationships, we assess the ways in which criminal victimization, as well as fear of crime, affect citizen support for the rule of law. We utilize public opinion data collected in select countries in Latin America and sub-Saharan Africa through two widely used sources – the Latin American Public Opinion Project (LAPOP) and the Afrobarometer surveys.


Significance Latin America’s leading e-commerce platform has emerged as one of the winners in the current regional business environment, marked by the COVID-19 pandemic. While retailers across the region have struggled to cope with lockdowns, Mercado Libre saw its user numbers increase by 45.2% year-on-year in the second quarter, to 51.5 million. Mercado Libre has been able to adapt its business model to Latin America’s unique market features, which include excessive regulation, chronic infrastructure problems and poor enforcement of the rule of law. Impacts Mercado Libre’s expansion prospects in Latin America may prove strongest outside its home market, Argentina. The shift towards online retail in the region will continue as fintech expands among people not included in traditional financial systems. Regulatory difficulties and trade union pushback will continue to raise challenges in some markets.


2002 ◽  
Vol 96 (4) ◽  
pp. 872-873
Author(s):  
Pilar Domingo

Elusive Reform is an important and welcome addition to the still underdeveloped area of political science analysis of judicial institutions in Latin America. Few volumes to date have undertaken such an in-depth study of the complex issue of rule of law and its problematic construction in fragile democratic systems in the region. The book analyzes the experience of rule of law reform in Argentina and Venezuela, with some comparative reference to other Latin American countries.


1991 ◽  
Vol 33 (3) ◽  
pp. 35-74 ◽  
Author(s):  
Brian Loveman

The armed forces have reconstructed authentic democracy. They have once again definitively carried out their mission…. I love this country more than Life itself.Captain General Augusto Pinochet11 September 1989The Constitution of 1980 does not meet, in its elaboration of the manner in which it was ratified, the essential conditions required by constitutional doctrine for the existence of a legitimate political order based on the rule of law.Francisco Cumplido C. (1983)Minister of Justice (1990)On 11 March 1990, Patricio Aylwin took office as Chile's first elected president since 1970. Chile thus joined the list of Latin American nations making a transition from military to civilian government. Like the civilian governments in Argentina, Brazil, Uruguay, Peru, Bolivia, El Salvador and Guatemala, Chile's new government faced the challenge of returning the armed forces to a less central role in politics and reducing their institutional prerogatives.


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