States of emergency, courts, and global norms in Latin America

Resultado de la investigación

Resumen

Regimes of exception 1 are an old foe of human rights in Latin America. These constitutional clauses have become infamous for facilitating military intervention and restricting the enjoyment of civil and political rights in “emergency” situations to deal with social unrest, ever since the 19th century (Loveman, 1993). In fact, the “regime of exception” mechanism itself is an example of how the globalization of law has the potential to be a double-edged sword; the mechanism was imported from European constitutional models by Latin American legislators during the 19th century (Aguilar Rivera, 1996; FixZamudio, 2004). The specifi c question we pose in this chapter is: How have constitutional courts been able to protect human rights during regimes of exception in Bolivia, Ecuador, and Peru? And how have global treaty norms been used by national judiciaries to shift globalized repressive legal practices?
Idioma originalEnglish
Título de la publicación alojadaThe Politics of the Globalization of Law: Getting from Rights to Justice
Capítulo8
Páginas8-16
Número de páginas16
ISBN (versión digital)9780203066683
DOI
EstadoPublished - 1 ene 2013
Publicado de forma externa

Huella dactilar

state of emergency
Latin America
regime
human rights
military intervention
legal usage
constitutional court
political right
Ecuador
Bolivia
civil rights
Peru
treaty
globalization
Law

Citar esto

Wright, C. (2013). States of emergency, courts, and global norms in Latin America. En The Politics of the Globalization of Law: Getting from Rights to Justice (pp. 8-16) https://doi.org/10.4324/9780203066683
Wright, Claire. / States of emergency, courts, and global norms in Latin America. The Politics of the Globalization of Law: Getting from Rights to Justice. 2013. pp. 8-16
@inbook{ce6e9a5cb8354d548fa51d6adea4ee6f,
title = "States of emergency, courts, and global norms in Latin America",
abstract = "Regimes of exception 1 are an old foe of human rights in Latin America. These constitutional clauses have become infamous for facilitating military intervention and restricting the enjoyment of civil and political rights in “emergency” situations to deal with social unrest, ever since the 19th century (Loveman, 1993). In fact, the “regime of exception” mechanism itself is an example of how the globalization of law has the potential to be a double-edged sword; the mechanism was imported from European constitutional models by Latin American legislators during the 19th century (Aguilar Rivera, 1996; FixZamudio, 2004). The specifi c question we pose in this chapter is: How have constitutional courts been able to protect human rights during regimes of exception in Bolivia, Ecuador, and Peru? And how have global treaty norms been used by national judiciaries to shift globalized repressive legal practices?",
author = "Claire Wright",
year = "2013",
month = "1",
day = "1",
doi = "10.4324/9780203066683",
language = "English",
isbn = "9780203066683",
pages = "8--16",
booktitle = "The Politics of the Globalization of Law: Getting from Rights to Justice",

}

Wright, C 2013, States of emergency, courts, and global norms in Latin America. En The Politics of the Globalization of Law: Getting from Rights to Justice. pp. 8-16. https://doi.org/10.4324/9780203066683

States of emergency, courts, and global norms in Latin America. / Wright, Claire.

The Politics of the Globalization of Law: Getting from Rights to Justice. 2013. p. 8-16.

Resultado de la investigación

TY - CHAP

T1 - States of emergency, courts, and global norms in Latin America

AU - Wright, Claire

PY - 2013/1/1

Y1 - 2013/1/1

N2 - Regimes of exception 1 are an old foe of human rights in Latin America. These constitutional clauses have become infamous for facilitating military intervention and restricting the enjoyment of civil and political rights in “emergency” situations to deal with social unrest, ever since the 19th century (Loveman, 1993). In fact, the “regime of exception” mechanism itself is an example of how the globalization of law has the potential to be a double-edged sword; the mechanism was imported from European constitutional models by Latin American legislators during the 19th century (Aguilar Rivera, 1996; FixZamudio, 2004). The specifi c question we pose in this chapter is: How have constitutional courts been able to protect human rights during regimes of exception in Bolivia, Ecuador, and Peru? And how have global treaty norms been used by national judiciaries to shift globalized repressive legal practices?

AB - Regimes of exception 1 are an old foe of human rights in Latin America. These constitutional clauses have become infamous for facilitating military intervention and restricting the enjoyment of civil and political rights in “emergency” situations to deal with social unrest, ever since the 19th century (Loveman, 1993). In fact, the “regime of exception” mechanism itself is an example of how the globalization of law has the potential to be a double-edged sword; the mechanism was imported from European constitutional models by Latin American legislators during the 19th century (Aguilar Rivera, 1996; FixZamudio, 2004). The specifi c question we pose in this chapter is: How have constitutional courts been able to protect human rights during regimes of exception in Bolivia, Ecuador, and Peru? And how have global treaty norms been used by national judiciaries to shift globalized repressive legal practices?

U2 - 10.4324/9780203066683

DO - 10.4324/9780203066683

M3 - Chapter

SN - 9780203066683

SP - 8

EP - 16

BT - The Politics of the Globalization of Law: Getting from Rights to Justice

ER -

Wright C. States of emergency, courts, and global norms in Latin America. En The Politics of the Globalization of Law: Getting from Rights to Justice. 2013. p. 8-16 https://doi.org/10.4324/9780203066683