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Legal Certainty and Central Bank Autonomy in Latin American Emerging Markets (Paperback, 1st ed. 2021)
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Legal Certainty and Central Bank Autonomy in Latin American Emerging Markets (Paperback, 1st ed. 2021)
Series: EYIEL Monographs - Studies in European and International Economic Law, 15
Expected to ship within 10 - 15 working days
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This book provides a comparative analysis of the legal frameworks
of six Latin American central banks to determine whether there is
legal certainty regarding central bank autonomy. Based on this, it
ascertains whether the way in which legal institutions are designed
- specifically those that rule the autonomy of the central bank -
provides reasons to believe that central banks can keep inflation
at bay even if governments face fiscal problems or pursue
contradictory objectives. The analysis covers three key areas: a
constitutional analysis, a detailed study of the central bank
statutes and a study of a number of underexplored threats to
central bank autonomy. After defining and identifying different
types of legal certainty and linking them to the credibility of
government promises, the author goes on to examine the grounds that
the law provides for confidence that central banks operate
independently of political influence. The second part of the book
focuses on a granular analysis of the legal design of the central
banks' objectives and autonomy. Lastly, the third part features two
case studies that represent little-known and unusual institutional
threats to legal certainty relating to central bank autonomy, such
as the interventions by the Constitutional Court of Colombia in the
autonomy of the Colombian central bank, and the interventions of
the Argentinean executive and legislative branches in the autonomy
of Argentina's central bank through stabilization plans introduced
via emergency laws and decrees.In sum, the book suggests that there
are serious doubts about the ability of Latin American central
banks to maintain price stability over time. Although central banks
were granted a degree of autonomy, authorities in Latin American
countries are able to affect central bank decisions. Most
importantly, a lack of clarity, inconsistencies, or generous
exceptions in the law provide ways for authorities to influence
central banks even without bending or disregarding the rules.
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