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...     

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.     

When school meets the Other: intercultural policies in the Basque inclusive school

ABSTRACT

Gatti, Irazuzta and Martinez address the intercultural public policies implemented in the education system of the Autonomous Region of the Basque Country (Spain). Focusing on the education system allows them to reconstruct the historicity of identity-alterity production in a region in which language has been central for the establishment of ethnic frontiers. More specifically, they examine the implementation of these policies in three pre-school and primary educational institutions in a multicultural neighbourhood of the city of Bilbao. They look at Euskara—the Basque language—as a key element of the us-them distinction. The various education models regarding language and the teaching in/of Euskara or Spanish pave the way for the specialization and spatialization of the schools analysed. ‘Integration’ policies are implemented in ethnically marked schools only, based on a rhetoric of interculturality that assumes that any ‘racial or ethnic discrimination’ can be overcome through knowledge of the Other. Moreover, the assessment of public policies through ‘interculturality figures and best practice’ developed to address the so-called ‘immigration issue’ promotes a protectionist intervention on behalf of the assumed social vulnerabilities of immigrant schoolchildren and their families, which are read as ‘problematic characteristics’. The article argues that, as a result of the approach based on the social conditions of immigrant children and their families in the Basque Country, the race issue evaporates.     

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.     

‘Black letters’: problems and issues in the research,dissemination and reception of literature by Afro-Argentines and on Afro-Argentines

Afro-Argentines of colonial descent constitute one of the lesser known minority groups in the country. While scholarly research on this particular group is still scarce, recent studies account for the diversity of its past and current cultural practices. Aside from some exceptions, Afro-Argentine literature is virtually unknown to academia and, as it is usually the case regarding Minor Literatures, it has been excluded from the national literary canon. Towards the end of the twentieth century there was a resurgence not only of studies on Afro-Argentine literature, but also of the presence of Afro-Argentines themselves in fictional writing. This paper will chart the process of retrieval, analysis and dissemination of Afro-Argentine literature, examining some of the issues that arise both at the epistemic and editorial policy levels. We will account for the revival of a literature on Afro-Argentines, in order to explore whether they reproduce a ‘master narrative’ that, through the historical novel, relegates Afro-Argentines into oblivion and/or reduces the group to its stereotypes; or if, on the other hand, these voices can subvert Argentine historiography by positioning this group in a leading role that mirrors the vitality of their present-day social movements.