Gender Equality as a General Interest of a Pluralistic Society: An Analysis of Constitutional Precedent in Colombia

The article explores the relationship between the legal principles of general interest and gender equality, both consecrated in Colombia's 1991 Constitution. Through an analysis of the precedents set by the Constitutional Court, the article provides a hermeneutical approximation of the behaviour of jurisprudence concerning the general interest. It demonstrates how this principle could be used to foster a more encompassing definition of gender equality. The precedents set by the Constitutional Court have opened up the spectrum of women's rights so as to grasp their relation to the principle of general interest as well as their basis as fundamental rights.     

INTERORGANIZATIONAL UTILITY OF WELFARE STIGMA IN THE CRIMINAL JUSTICE SYSTEM*

The appropriation of “welfare stigma” or stereotypes about poor people's overreliance and abuse of public aid in two core criminal justice functions is examined: felony adjudication in a court system and space allocation in a jail. Through a comparative ethnographic study in which an abductive analysis of data (20 months of fieldwork) was used, we show that criminal justice gatekeepers utilize welfare stigma to create stricter eligibility criteria for due process in criminal courts and occupancy in jails. Specifically, the number of court appearances, motions, trials, jail beds, food, showers, and medical services is considered by professionals to be the benefits that individuals seek to access and abuse. Professionals view their role as preventing (rather than granting) access to these resources. The comparative nature of our data reveals that welfare stigma has interorganizational utility by serving two different organizational goals: It streamlines convictions in courts, which pulls defendants through adjudication, and conversely, it expands early release from jails, which pulls inmates out of the custody population. In the context of diminishing social safety nets, our findings have implications for understanding how discretion is exercised in an American criminal justice system increasingly tasked with the distribution of social services to the urban poor.     

Multicountry Studies of Latin American Legislatures: A Review Article

Electoral Laws and the Survival of Presidential Democracies. By Mark P. Jones. (South Bend, IN: University of Notre Dame Press, 1995. Pp. 246). Legislative Politics in Latin America. Edited by Scott Morgenstern and Benito Nacif. (New York, NY: Cambridge University Press, 2002. Pp. 503). Partidos Políticos de América Latina: Centroamérica, Mexico, y República Dominicana. By Manuel Alcántara Sáez and Flavia Friedenberg. (Salamanca, Spain: Biblioteca de América, 2001. Pp. 776). Partidos Políticos de América Latina: Cono Sur. By Manuel Alcántara Sáez and Flavia Friedenberg. (Salamanca, Spain: Biblioteca de América, 2001. Pp. 628). Partidos Políticos de América Latina: Paises Andinos. By Manuel Alcántara Sáez and Flavia Friedenberg. (Salamanca, Spain: Biblioteca de América, 2001. Pp. 680). Patterns of Legislative Politics: Roll Call Voting in Latin America and the U.S. By Scott Morgenstern. (New York, NY: Cambridge University Press, 2004. Pp. 224).¹ Politicians and Economic Reform in New Democracies. By Kent Eaton. (University Park, PA: The Pennsylvania State University Press, 2002. Pp. 351).¹ Presidentialism and Democracy in Latin America. Edited by Scott Mainwaring and Matthew Soberg Shugart. (New York, NY: Cambridge University Press, 1997. Pp. 493). Term Limits and Legislative Representation. By John M. Carey. (New York, NY: Cambridge University Press, 1996. Pp. 216).     

‘No,buddy, I will not speak to the press – I am working!’: criminal justice and the interprofessional dynamics of communication production in the Chilean Public Prosecutorial Office

This article analyses the interprofessional dynamics of communication production in the criminal justice system. Through 26 in-depth interviews, we investigate the production of media information on prosecutorial work in Chile, tracking the relationships between internal communication agents, prosecutors, and external legal journalists. Previous scholarship has shown the success of police organizations in defining the content of crime communication based on asymmetrical power relations with the media. By contrast, our study reveals that legal journalists can bypass attempts to control the flow of information from the prosecutorial office and impose extra-organizational goals. Lawyers regularly dismiss the work of journalists, particularly those working as strategic communication advisors with prosecutors, but the asymmetrical relationship between the criminal justice agency and the media plays in favour of external legal journalists. Our article considers several explanations for this configuration, including interprofessional values, transactional relationships between journalists and prosecutors, and local legal culture.     

Fiscal Decentralization and Economic Growth: Evidence from Spanish Regions

The degree of fiscal decentralization in Spain is similar to main federal countries and greater than unitary ones. The demand of public sector decentralization is based on a supposed efficiency gains that is far from being obvious. Using a data set for the Spanish regions, we reject the null hypothesis of a significant relationship between growth in per capita gross domestic product (GDP) and expenditure distribution among fiscal administrations. Nonetheless, we find empirical support for a relationship between revenue decentralization, far less advanced than the expenditure one, and growth. In both cases we do reject the null hypothesis of a nonlinear linkage between fiscal decentralization and growth in per capita GDP.     

The G‐20 Must Get Serious About Its Commitments

The sovereign debt problem in Europe, ignited by Greece, has morphed into an economic crisis challenging the solvency of major banks and countries as well as a generalized crisis of governance. Lacking the legitimacy of public support, the leaders of the European Union's fledgling institutions have been indecisive and unable to contain the looming danger of financial contagion. Along with the economic slowdown in the United States, instability and volatility in Europe threaten to derail the fragile global recovery. In this section, several former European leaders as well as political figures from the emerging economies offer their ideas on how to fix Europe and stem the global threat.