Constitutional courts as mediators : armed conflict, civil-military relations, and the rule of law in Latin America

Resource Information

The work Constitutional courts as mediators : armed conflict, civil-military relations, and the rule of law in Latin America represents a distinct intellectual or artistic creation found in European University Institute. This resource is a combination of several types including: Work, Language Material, Books.

Label

Constitutional courts as mediators : armed conflict, civil-military relations, and the rule of law in Latin America

Title remainder

armed conflict, civil-military relations, and the rule of law in Latin America

Statement of responsibility

Julio Ríos-Figueroa

Creator

• Ríos Figueroa, Julio

Subject

• Military law -- Latin America
• Political questions and judicial power -- Latin America
• Courts of last resort -- Latin America
• Constitutional courts -- Latin America
• Civil-military relations -- Latin America

Language

eng

Summary

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. Proposes a new view of the role of constitutional courts in emergencies and critical situations such as internal armed conflicts. Provides an informational theory of constitutional review that connects insights from the scholarship on conflict resolution, judicial politics, and constitutional law. Sheds light on the relatively understudied issue of the military jurisdiction and the regulation of the use of force in civil military relations in the region--

Member of

• Comparative constitutional law and policy

Assigning source

Provided by Publisher

Cataloging source

DLC

Illustrations

illustrations

Index

index present

Literary form

non fiction

Nature of contents

bibliography

Series statement

Comparative constitutional law and policy