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Constitutional Courts as Mediators - Armed Conflict, Civil-Military Relations, and the Rule of Law in Latin America (Hardcover)
Loot Price: R2,564
Discovery Miles 25 640
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Constitutional Courts as Mediators - Armed Conflict, Civil-Military Relations, and the Rule of Law in Latin America (Hardcover)
Series: Comparative Constitutional Law and Policy
Expected to ship within 12 - 17 working days
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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.
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