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Latin America has a long tradition of constitutional reform. Since the democratic transitions of the 1980s, most countries have amended their constitutions at least once, and some have even undergone constitutional reform several times. The global phenomenon of a new constitutionalism, with enhanced rights provisions, finds expression in the region, but the new constitutions, such as those of Bolivia, Colombia, Ecuador and Venezuela, also have some peculiar characteristics which are discussed in this important book. Authors from a number of different disciplines offer a general overview of constitutional reforms in Latin America since 1990. They explore the historical, philosophical and doctrinal differences between traditional and new constitutionalism in Latin America and examine sources of inspiration. The book also covers sociopolitical settings, which factors and actors are relevant for the reform process, and analyzes the constitutional practices after reform, including the question of whether the recent constitutional reforms created new post-liberal democracies with an enhanced human and social rights record, or whether they primarily serve the ambitions of new political leaders.
Latin America has a long tradition of constitutional reform. Since the democratic transitions of the 1980s, most countries have amended their constitutions at least once, and some have even undergone constitutional reform several times. The global phenomenon of a new constitutionalism, with enhanced rights provisions, finds expression in the region, but the new constitutions, such as those of Bolivia, Colombia, Ecuador and Venezuela, also have some peculiar characteristics which are discussed in this important book. Authors from a number of different disciplines offer a general overview of constitutional reforms in Latin America since 1990. They explore the historical, philosophical and doctrinal differences between traditional and new constitutionalism in Latin America and examine sources of inspiration. The book also covers sociopolitical settings, which factors and actors are relevant for the reform process, and analyzes the constitutional practices after reform, including the question of whether the recent constitutional reforms created new post-liberal democracies with an enhanced human and social rights record, or whether they primarily serve the ambitions of new political leaders.
The scholarly debate on deliberative democracy often suggests that participatory processes will contribute to make environmental governance not only more legitimate and effective, but also lead to the empowerment of marginalized social groups. Critical studies, however, analyse how technologies of governance make use of participation to draw boundaries that separate technical knowledge from political concerns, direct the focus towards procedural aspects and contractual obligations, and reinforce hegemonic understandings of development and of local people's relationships to their environment. This book focuses on the dynamics and use of participatory mechanisms related to the rapid expansion of the extractive industries worldwide and the ways it increasingly affects sensitive natural environments populated by indigenous and other marginalized populations. Nine empirically grounded case studies analyse a range of participatory practices ranging from state-led and corporation-led processes like prior consultation and Free Prior and Informed Consent (FPIC), compensation practices, participatory planning exercises and the participation in environmental impact assessments (EIAs), to community-led consultations, community-based FPIC and EIA processes and struggles for community-based governance of natural resource uses. The book provides new insights through a combination of different theoretical strands, which help to scrutinize the limits to deliberation and empowerment on the one hand, and on the other hand to understand the political resistance potential that alternative uses of participatory mechanisms can generate. The chapters originally published as a special issue of Third World Quarterly.
The scholarly debate on deliberative democracy often suggests that participatory processes will contribute to make environmental governance not only more legitimate and effective, but also lead to the empowerment of marginalized social groups. Critical studies, however, analyse how technologies of governance make use of participation to draw boundaries that separate technical knowledge from political concerns, direct the focus towards procedural aspects and contractual obligations, and reinforce hegemonic understandings of development and of local people's relationships to their environment. This book focuses on the dynamics and use of participatory mechanisms related to the rapid expansion of the extractive industries worldwide and the ways it increasingly affects sensitive natural environments populated by indigenous and other marginalized populations. Nine empirically grounded case studies analyse a range of participatory practices ranging from state-led and corporation-led processes like prior consultation and Free Prior and Informed Consent (FPIC), compensation practices, participatory planning exercises and the participation in environmental impact assessments (EIAs), to community-led consultations, community-based FPIC and EIA processes and struggles for community-based governance of natural resource uses. The book provides new insights through a combination of different theoretical strands, which help to scrutinize the limits to deliberation and empowerment on the one hand, and on the other hand to understand the political resistance potential that alternative uses of participatory mechanisms can generate. The chapters originally published as a special issue of Third World Quarterly.
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