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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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