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

Published New York : Cambridge University Press, 2016

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Description 1 online resource (xv, 238 pages) Series Comparative constitutional law and policy Comparative constitutional law and policy. Contents Constitutional courts and the armed forces -- A theory of constitutional courts as mediators -- Constitutional jurisprudence on military autonomy in Colombia, 1958-2013 -- Constitutional jurisprudence on military autonomy in Peru, 1979-2013 -- Constitutional jurisprudence on military autonomy in Mexico, 1917-2013 -- Judicial regulation of the use of force in Colombia, Peru, and Mexico -- Constitutional courts as mediators beyond Latin America -- Constitutional courts and democratic conflict solving 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 Bibliography Includes bibliographical references and index Notes Online resource; title from PDF title page (EBSCO, viewed May 16, 2016) Subject Constitutional courts -- Latin America Courts of last resort -- Latin America Political questions and judicial power -- Latin America Civil-military relations -- Latin America Military law -- Latin America LAW -- Civil Procedure. LAW -- Legal Services. POLITICAL SCIENCE -- Government -- Judicial Branch. Civil-military relations Constitutional courts Courts of last resort Military law Political questions and judicial power Latin America. Constitutional Court. Judicial power. Judicial system. Civil-military relations. Military law. Rule of law. Latin America Form Electronic book ISBN 9781139942157 1139942158 9781316682845 1316682846

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