Roberto Gargarella's Books

The Law As a Conversation among Equals

By: Roberto Gargarella

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The Law As a Conversation among Equals

By: Roberto Gargarella

In a time of disenchantment with democracy, massive social protests and the 'erosion' of the system of checks and balances, this book proposes to reflect upon the main problems of our constitutional democracies from a particular regulative ideal: that of the conversation among equals. It examines the structural character of the current democratic crisis, and the way in which, from its origins, constitutions were built around a 'discomfort with democracy'. In this sense, the book critically explores the creation of different restraints upon majority rule and collective debate: constitutional rights that are presented as limits to (and not, fundamentally, as a product of) democratic debate; an elitist system of judicial review; a checks and balances scheme that discourages, rather than promotes, dialogue between the different branches of power; etc. Finally, the book proposes a dignified constitutional democracy aimed at enabling fraternal conversation within the framework of a community of equals.

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Page Count

361

Publisher

Cambridge University Press

Published Date

ISBN 10

1009115723

ISBN 13

9781009115728

Latin American Constitutionalism,1810-2010

The Engine Room of the Constitution

By: Roberto Gargarella

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Latin American Constitutionalism,1810-2010

The Engine Room of the Constitution

By: Roberto Gargarella

This study of 200 years of Latin American constitutionalism (1810-2010) both presents a description and a critical analysis of what Latin Americans did with their Constitutions during those years.

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298

Published Date

ISBN 10

0199937966

ISBN 13

9780199937967

The Legal Foundations of Inequality

Constitutionalism in the Americas, 1776-1860

By: Roberto Gargarella

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The Legal Foundations of Inequality

Constitutionalism in the Americas, 1776-1860

By: Roberto Gargarella

This book explores the influence of opposing constitutional ideals during the "founding period" of constitutionalism in the Americas. Examining a range of countries including the United States, Argentina, Colombia, Chile, Ecuador, Mexico, Peru, and Venezuela, Roberto Gargarella outlines these views and traces their influence to the present day.

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Page Count

287

Publisher

Cambridge University Press

Published Date

ISBN 10

0521195020

ISBN 13

9780521195027

Courts and Social Transformation in New Democracies

An Institutional Voice for the Poor?

By: Roberto Gargarella,Theunis Roux

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Courts and Social Transformation in New Democracies

An Institutional Voice for the Poor?

By: Roberto Gargarella,Theunis Roux

Using case studies drawn from Latin America, Africa, India and Eastern Europe, this volume examines the role of courts as a channel for social transformation for excluded sectors of society in contemporary democracies. With a focus on social rights litigation in post-authoritarian regimes or in the context of fragile state control, the authors assess the role of judicial processes in altering (or perpetuating) social and economic inequalities and power relations in society. Drawing on interdisciplinary expertise in the fields of law, political theory, and political science, the chapters address theoretical debates and present empirical case studies to examine recent trends in social rights litigation.

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Page Count

323

Publisher

Routledge

Published Date

ISBN 10

1351947958

ISBN 13

9781351947954

The Law As a Conversation among Equals

By: Roberto Gargarella

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The Law As a Conversation among Equals

By: Roberto Gargarella

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361

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Cambridge University Press

Published Date

ISBN 10

1009115723

ISBN 13

9781009115728

The Legal Foundations of Inequality

Constitutionalism in the Americas, 1776-1860

By: Roberto Gargarella

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The Legal Foundations of Inequality

Constitutionalism in the Americas, 1776-1860

By: Roberto Gargarella

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287

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Cambridge University Press

Published Date

ISBN 10

0521195020

ISBN 13

9780521195027

The Scepter of Reason

Public Discussion and Political Radicalism in the Origins of Constitutionalism

By: Roberto Gargarella

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The Scepter of Reason

Public Discussion and Political Radicalism in the Origins of Constitutionalism

By: Roberto Gargarella

This book explores the origins of Anglo-American Constitutionalism, from both a philosophical and a historical perspective. It attempts to show that the institutional mechanisms incorporated into the American Constitution were modeled under a strong bias against collective discussion. The book also examines the alternative institutional system then proposed by a different and more radical tradition of thought, and evaluates this alternative from the ideal of a deliberate democracy. The Scepter of Reason challenges much of the current academic literature on the philosophical foundations of modern constitutionalism, and advances suggestions for a different approach. It will be particularly attractive for legal scholars, political scientists, and graduate and undergraduate students interested in Constitutional Theory, Anglo-American History, and Democratic Theory.

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Page Count

180

Publisher

Springer Science & Business Media

Published Date

ISBN 10

1402002866

ISBN 13

9781402002861

Annual Review of Constitution-Building: 2018

By: Adem Abebe,Elliot Bulmer,Amanda Cats-Baril ,Roberto Gargarella ,Erin Houlihan,Dian Shah

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Annual Review of Constitution-Building: 2018

By: Adem Abebe,Elliot Bulmer,Amanda Cats-Baril ,Roberto Gargarella ,Erin Houlihan,Dian Shah

International IDEA’s Annual Review of Constitution-Building provides a retrospective account of constitutional transitions, the issues that drive them and their implications for national and international politics. This sixth edition covers events in 2018 and includes articles on constitutional events in several regions of the world where International IDEA is active. These are loosely themed around the challenges of cooperation and coordination in constitutional politics—between majorities and minorities (in Burundi and Comoros, in Bolivia and Colombia, and in the Commonwealth Caribbean), between coalition partners in constitutional change processes (in Malaysia, the Maldives and Sri Lanka) and between external actors (in Libya, South Sudan and Yemen). Writing at the mid-way point between the instant reactions of the blogosphere and academic analyses that follow several years later, the authors provide accounts of ongoing political transitions, the major constitutional issues they give rise to and the implications of these processes for democracy, the rule of law and peace.

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International Institute for Democracy and Electoral Assistance (International IDEA)

Published Date

ISBN 10

9176713016

ISBN 13

9789176713013

Courts and Social Transformation in New Democracies

An Institutional Voice for the Poor?

By: Roberto Gargarella,Theunis Roux

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Courts and Social Transformation in New Democracies

An Institutional Voice for the Poor?

By: Roberto Gargarella,Theunis Roux

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Page Count

323

Publisher

Routledge

Published Date

ISBN 10

1351947958

ISBN 13

9781351947954

Liberalism in Neoliberal Times

Dimensions, Contradictions, Limits

By: Alejandro Abraham-Hamanoiel,Des Freedman,Gholam Khiabany,Kate Nash,Julian Petley

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Liberalism in Neoliberal Times

Dimensions, Contradictions, Limits

By: Alejandro Abraham-Hamanoiel,Des Freedman,Gholam Khiabany,Kate Nash,Julian Petley

An exploration of the theories, histories, practices, and contradictions of liberalism today. What does it mean to be a liberal in neoliberal times? This collection of short essays attempts to show how liberals and the wider concept of liberalism remain relevant in what many perceive to be a highly illiberal age. Liberalism in the broader sense revolves around tolerance, progress, humanitarianism, objectivity, reason, democracy, and human rights. Liberalism's emphasis on individual rights opened a theoretical pathway to neoliberalism, through private property, a classically minimal liberal state, and the efficiency of “free markets.” In practice, neoliberalism is associated less with the economic deregulation championed by its advocates than the re-regulation of the economy to protect financial capital. Liberalism in Neoliberal Times engages with the theories, histories, practices, and contradictions of liberalism, viewing it in relation to four central areas of public life: human rights, ethnicity and gender, education, and the media. The contributors explore the transformations in as well as the transformative aspects of liberalism and highlight both its liberating and limiting capacities. The book contends that liberalism—in all its forms—continues to underpin specific institutions such as the university, the free press, the courts, and, of course, parliamentary democracy. Liberal ideas are regularly mobilized in areas such as counterterrorism, minority rights, privacy, and the pursuit of knowledge. This book contends that while we may not agree on much, we can certainly agree that an understanding of liberalism and its emancipatory capacity is simply too important to be left to the liberals Contributors Alejandro Abraham-Hamanoiel, Patrick Ainley, Abdullahi An-Na'im, Michael Bailey, Haim Bresheeth, Başak Çalı, David Chandler, William Davies, Costas Douzinas, Natalie Fenton, Des Freedman, Roberto Gargarella, Priyamvada Gopal, Jonathan Hardy, John Holmwood, Ratna Kapur, Gholam Khiabany, Ray Kiely, Monika Krause, Deepa Kumar, Arun Kundnani, Colin Leys, Howard Littler, Kathleen Lynch, Robert W. McChesney, Nivedita Menon, Toby Miller, Kate Nash, Joan Pedro-Carañana, Julian Petley, Anne Phillips, Jonathan Rosenhead, Annabelle Sreberny, John Steel, Michael Wayne, Milly Williamson

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Page Count

293

Publisher

MIT Press

Published Date

ISBN 10

1906897468

ISBN 13

9781906897468

Beauty and the Inferno

By: Roberto Saviano

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Beauty and the Inferno

By: Roberto Saviano

Roberto Saviano is best known for his work on the Italian mafia, but Beauty and the Inferno also tackles universal themes with great insight and humanity, with urgency, and often with anger. This important collection includes essays on the legacy of the earthquake at L'Aquila, a town at risk of becoming overrun by mafia; on boxing as an escape route; on the life of the legendary South African jazz singer, Miriam Makeba; on an encounter with Salman Rushdie, and a tribute to Frank Miller, author of the graphic novel 300; on Michael Herr's Dispatches. One essay reflects on the aftermath of the publication of his book and subsequent film, Gomorrah, and how his life has been conditioned by the mafia's death threats, and the final essay in the collection celebrates the life of the Russian journalist Anna Politkovskaya.

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Page Count

280

Publisher

MacLehose Press

Published Date

ISBN 10

0857050095

ISBN 13

9780857050090

Book's by Roberto Gargarella

The Law As a Conversation among Equals

The Law As a Conversation among Equals

Latin American Constitutionalism,1810-2010

Latin American Constitutionalism,1810-2010

The Legal Foundations of Inequality

The Legal Foundations of Inequality

Courts and Social Transformation in New Democracies

Courts and Social Transformation in New Democracies

The Law As a Conversation among Equals

The Law As a Conversation among Equals

The Legal Foundations of Inequality

The Legal Foundations of Inequality

The Scepter of Reason

The Scepter of Reason

Annual Review of Constitution-Building: 2018

Annual Review of Constitution-Building: 2018

Courts and Social Transformation in New Democracies

Courts and Social Transformation in New Democracies

Liberalism in Neoliberal Times

Liberalism in Neoliberal Times

Beauty and the Inferno

Beauty and the Inferno

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