Suchergebnisse

The idea of introducing a monetary remedy for harm arising out of the misdirected exercise of public power has waxed and waned in popularity in Australia over the years. Though few would dispute the intuitive appeal of the sentiment that wrongs should not go unremedied, the question of how harm arising from maladministration could, or should, be repaired remains unresolved. This article canvasses a number of the potential justifications for the creation of such a remedy, before noting the various avenues the Australian courts have considered, and closed down, which might otherwise have led in that direction. These rejected opportunities have included the expansion of existing tort actions, the creation of new causes of action in tort, and the interpretation of statutory remedial powers. Whatever the merit of a remedy on this front, it is clear that it will need to be a matter of legislative, rather than judicial, intervention.

AbstractAs more Latin American migrants make their way to the United States, the issue of transnationalism has received increased scholarly attention. Transnationalism refers to the delinking of the individual from his or her government and an increase in international ties as a result of the economic globalization that promotes the movement of people, goods, money, and ideas. Prevailing consensus is that the state, particularly in Latin America, is weakened by transnationalism because individuals are freer than ever from state control. This article argues that examining Latin American emigrant policies yields a different conclusion, namely that the state's response to transnational pressures has made governments more active and relevant in certain ways than in the past. Studies of transnationalism must therefore incorporate state strategies for a better understanding of its impact on Latin American governments.

The purpose of this article is to explain the contradictions in Michelle Bachelet's presidency by focusing on the paradoxical nature of presidential power, the limits on the executive in the Chilean constitution, and how those limits affected President Bachelet's government. At the outset of her presidency, she faced the problem of wanting to promote inclusive policies while simultane- ously experiencing political pressure to maintain elite consensus. Due to institu- tional and political constraints, Bachelet's rhetoric of inclusion could not be realized, and she eventually decided to opt for the more traditional elite consen- sus approach. In our view, the emphasis on achieving elite consensus produced contradictory results. It sustained Bachelet's personal image as a national leader, but limited her ability to get effective legislation passed. Indeed, the Concer- tación itself was blamed for inaction rather than the president as an individual. (GIGA)

The purpose of this article is to explain the contradictions in Michelle Bachelet's presidency by focusing on the paradoxical nature of presidential power, the limits on the executive in the Chilean constitution, and how those limits affected President Bachelet's government. At the outset of her presidency, she faced the problem of wanting to promote inclusive policies while simultaneously experiencing political pressure to maintain elite consensus. Due to institutional and political constraints, Bachelet's rhetoric of inclusion could not be realized, and she eventually decided to opt for the more traditional elite consensus approach. In our view, the emphasis on achieving elite consensus produced contradictory results. It sustained Bachelet's personal image as a national leader, but limited her ability to get effective legislation passed. Indeed, the Concertacion itself was blamed for inaction rather than the president as an individual. Adapted from the source document.

The theoretical context of U.S. and Latin American relations -- The roots of U.S. and Latin American relations -- The rise of U.S. hegemony -- The era of intervention and the good neighbor -- The early Cold War period -- The Cuban revolution -- The Communist threat and U.S. intervention -- Free trade and neoliberal reform -- Latin American immigration and U.S. policy -- Human rights and democracy -- Drug trafficking and terrorism.

How was Chile transformed both politically and economically during the two decades of center-left coalition (Concertación) government that followed the country's return to democracy in 1990? How did the coalition manage to hold on to power for so long—but not longer? And were its policies in fact substantially different from those that preceded them? Addressing these questions, the authors of this landmark volume critically assess the successes and failures of Concertación politics and policies in post-Pinochet Chile