The Dilemmas of Constitutional Courts and the Case for a New Design of Kelsenian Institutions

Law and Philosophy - Legal and political controversies persist about the performance of Kelsenian-type constitutional courts in democratic systems. One of the reasons is that the design of these...     

Work,fertility, and the status of women in Mexico

Among the major transformations affecting Mexican women in recent decades were their growing participation in the labor market and the fertility decline that began in the 1970s with widespread access to contraception. Data from 3 major Mexican fertility surveys, employment surveys, and censuses are used to analyze changes in female employment and their determinants during the years of economic recession in the 1980s. The main characteristics of the Mexican fertility decline are described, and the relationship between fertility and female employment before and during the economic recession is scrutinized for different social sectors. Suggestions for research on the affects of these changes on the social condition of Mexican women are then presented. The proportions of Mexican women over 12 years old who declared themselves economically active increased from 16% in 1970 to 21% in 1979 and 32% in 1987. Until the 1970s the majority of employed women were young and single or childless. But a clear increase occurred between 1976-87 in the economic participation of older women in union. Economic participation of low income and less educated women increased as they sought work or created their own in response to deteriorating living conditions during the recession. Young women with intermediate or higher educational levels did not increase their relative presence in the labor market in the same period. The marked increase in economic participation of less educated women in union with small children was accompanied by a significant increase in manual occupations. Between 1982-87, the proportion of women aged 20-49 in nonsalaried manual occupations rose from 7.6% to 18.5%. Mexico's fertility decline has been well documented. The total fertility rate declined from 6.3 in 1973 to 3.8 in 1986, while the percentage of women in union using a contraceptive method increased from 30.2 in 1976 to 52.7 in 1987. Fertility differentials have been declining but are still considerable. The inhibitory influence of children on female labor force participation in Mexico is clear, but in the years of economic recession the most notable increase in female workers was in women with 3 or more children of whom the youngest was under 3. It appears that the influence of children on women's employment depends on the socioeconomic status of the woman as well as on the dynamism or sluggishness of the labor market. Research is needed on the significance of changes in fertility and female employment for women's status in Mexico. Several recent works have presented results of microsocial analyses of the ways in which women experience changes in their lives resulting from fertility and employment decisions. A methodological strategy for studying these changes and their influence on women's status should focus on comparisons between different generations and birth cohorts, different types of employment, and different socioeconomic statuses. Both macrosocial and microsocial forms of analysis are needed to provide a full picture.     

Religious Reasons in Politics: Some Problems for the Free Marketplace Model

Law and Philosophy - In this paper, I critique a popular yet seldom recognized theory of the political role of religious reasons. According to this theory, the Free Marketplace model, laws may be...     

Post-neoliberal protest in Latin America as a struggle over the name of ‘the people’

If the ‘move to the left’ in the 2000s in Argentina and Brazil was the result of a longer process of contentious mobilization from below, enacted primarily during the latter part of the previous decade, what kind of social imaginaries have been enacted in the newest wave of discontent and what is its likely effect on the post-neoliberal form of governance? The argument put forward here is that the newest wave of social protest elicits the re-enactment of the liberal imaginary indirectly expressed under the notion of the republic. This operation tends to undermine the bases of post-neoliberalism, i.e. ‘the popular’, ‘the national-popular’ and ‘anti-neoliberalism: the imaginaries that defined the move to the left in the region. A new activated public, associated with middle-class sectors, raises new demands and does not identify with the ‘anti-neoliberal’ camp. Inasmuch as this activation entails a dispute over the name of the people, it signals a slowdown in the efficacy existing populist formations possess to deepen the movement towards more radical reforms.     

Book Reviews

Mauricio Font, The State and the Private Sector in Latin America: The Shift to Partnership. New York: Palgrave Macmillan, 2015. Figure, bibliography, appendixes, index, 318 pp.; hardcover $100, ebook $79.99. Tracy Beck Fenwick, Avoiding Governors: Federalism, Democracy, and Poverty Alleviation in Brazil and Argentina. Notre Dame: University of Notre Dame Press, 2016. Tables, figures, acronyms, bibliography, index, 277 pp.; hardcover $75, paperback $29. Michael Reid, Brazil: The Troubled Rise of a Global Power. New Haven: Yale University Press, 2016 [2014]. Illustrations, 352 pp.; paperback $22. Ben Ross Schneider, ed., New Order and Progress: Development and Democracy in Brazil. New York: Oxford University Press, 2016. Tables, figures, bibliography, index, 328 pp.; hardcover $99, paperback $31.95, ebook. Anthony P. Maingot, Race, Ideology, and the Decline of Caribbean Marxism. Gainesville: University Press of Florida, 2015. Index, 368 pp.; hardcover $79.95. Sebastián Ureta, Assembling Policy: Transantiago, Human Devices, and the Dream of a World‐Class Society. Cambridge: MIT Press, 2015. Photographs, figures, abbreviations, bibliography, index, 224 pp.; hardcover $39, ebook $27. Carlos de la Torre, De Velasco a Correa: insurreciones, populismos y elecciones en Ecuador, 1944–2013. Quito: Corporación Editora Nacional, 2015. Tables, bibliography, 243 pp.; paperback. Sebastian E. Bitar, US Military Bases, Quasi‐Bases, and Domestic Politics in Latin America. New York: Palgrave Macmillan, 2016. Map, figures, tables, notes, bibliography, index, 220 pp.; hardcover $110, ebook $79.99.     

Governing sustainable palm oil supply: Disconnects,complementarities, and antagonisms between state regulations and private standards

The global palm oil value chain has grown in complexity; stakeholder relationships and linkages are increasingly shaped by new public and private standards that aim to ameliorate social and environmental costs while harnessing economic gains. Regulatory initiatives in the emerging policy regime complex struggle to resolve sector‐wide structural performance issues: pervasive land conflicts, yield differences between companies and smallholders, and carbon emissions arising from deforestation and peatland conversion. Identifying opportunities for more effective governance of the palm oil value chain and supply landscapes, this paper explores disconnects, complementarities, and antagonisms between public regulations and private standards, looking at the global, national, and subnational policy domains shaping chain actors’ conduct. Greater complementarities have emerged among transnational instruments, but state regulation disconnects persist and antagonisms prevail between national state regulations and transnational private standards. Emerging experimental approaches, particularly at subnational level, aim to improve coordination to both enhance complementarities and resolve disconnects.     

The political and economic causes of satisfaction with democracy in Spain – a twofold panel study

This study tests the links between political and economic performance and satisfaction with democracy (SWD) in Spain. Contrary to the dominant theoretical paradigm that explains the aggregate evolution of and the individual-level differences in SWD mainly by means of economic factors, the article presents evidence that evaluations of the political process are equally relevant to account for both changes in individuals’ SWD over time and the evolution of SWD at the national level. Unlike most existing literature, this study supports its argument by combining analyses of a micro-level panel dataset (CIUPANEL) and of a pooled aggregate-level panel dataset based on the Spanish samples in the Eurobarometer and the Latinobarómetro between 1986 and 2014.     

Tax Collection in Developing Countries – New Evidence on Semi-Autonomous Revenue Agencies (SARAs)

Abstract

Over the last two decades, semi-autonomous revenue agencies (SARAs) have become a key element of public administration reform. They are supposed to improve revenue mobilisation and stabilise state–taxpayer relations. But do SARAs really outperform conventional tax administrations? This article argues that they do. Presenting the results of a panel analysis of local tax collection in Peru between 1998 and 2011, it shows that municipalities with SARAs collect more revenue than those with conventional tax administrations. The results also indicate that local revenue is more stable in municipalities with SARAs, which is good for budget policy and planning.