Judicializing Everything

Judicializing Everything? focuses on judicial decision-making in parliamentary states that have recently adopted bills of rights.

A basic feature of the modern US administrative state taken for granted by legal scholars but neglected by political scientists and historians is its strong judiciality. Formal, or court-like, adjudication was the primary method of first-order agency policy making during the first half of the twentieth century. Even today, most US administrative agencies hire administrative law judges and other adjudicators conducting hearings using formal procedures autonomously from the agency head. No other industrialized democracy has even come close to experiencing the systematic state judicialization that took place in the United States. Why did the American administrative state become highly judicialized, rather than developing a more efficiency-oriented Weberian bureaucracy? Legal scholars argue that lawyers as a profession imposed the judicial procedures they were the most familiar with on agencies. But this explanation fails to show why the judicialization took place only in the United States at the time it did. Okayama demonstrates that the American institutional combination of common law and the presidential system favored policy implementation through formal procedures by autonomous agencies and that it induced the creation and development of independent regulatory commissions explicitly modeled after courts from the late nineteenth century. These commissions judicialized the state not only through their proliferation but also through the diffusion of their formal procedures to executive agencies over the next half century, which led to a highly fairness-oriented administrative state.

Legislating under the Charter explores how governments and Parliament justify limitations on rights when advancing laws that raise rights concerns or when responding to judicial decisions under the Canadian Charter of Rights and Freedoms. Through an analysis of legislation concerning criminal justice policy, the approval of new safe consumption sites, sex work, and medical assistance in dying, the book provides a detailed analysis of the extent and nature of parliamentary deliberation about rights, the extent to which government initiatives are properly scrutinized, and the broader institutional relationships under the Charter. The authors draw from a host of qualitative data, including research interviews and examination of judicial decisions, various bills under study, Hansard debates from the floor of the House of Commons, committee and Senate scrutiny of legislation, bureaucratic advice and Charter statements by the department of justice, and news media coverage. The book offers a set of concrete reform proposals to improve the transparency and accountability of executive and bureaucratic vetting processes, and to strengthen the role of Parliament in upholding constitutional values and holding the government to account. In doing so, Legislating under the Charter contributes to the broader comparative scholarship on models of judicial review, morality policy, policy change, and constitutionalism.

Studies challenging the idea that technology and science flow only from global North to South. The essays in this volume study the creation, adaptation, and use of science and technology in Latin America. They challenge the view that scientific ideas and technology travel unchanged from the global North to the global South—the view of technology as “imported magic.” They describe not only alternate pathways for innovation, invention, and discovery but also how ideas and technologies circulate in Latin American contexts and transnationally. The contributors' explorations of these issues, and their examination of specific Latin American experiences with science and technology, offer a broader, more nuanced understanding of how science, technology, politics, and power interact in the past and present. The essays in this book use methods from history and the social sciences to investigate forms of local creation and use of technologies; the circulation of ideas, people, and artifacts in local and global networks; and hybrid technologies and forms of knowledge production. They address such topics as the work of female forensic geneticists in Colombia; the pioneering Argentinean use of fingerprinting technology in the late nineteenth century; the design, use, and meaning of the XO Laptops created and distributed by the One Laptop per Child Program; and the development of nuclear energy in Argentina, Mexico, and Chile. Contributors Pedro Ignacio Alonso, Morgan G. Ames, Javiera Barandiarán, João Biehl, Anita Say Chan, Amy Cox Hall, Henrique Cukierman, Ana Delgado, Rafael Dias, Adriana Díaz del Castillo H., Mariano Fressoli, Jonathan Hagood, Christina Holmes, Matthieu Hubert, Noela Invernizzi, Michael Lemon, Ivan da Costa Marques, Gisela Mateos, Eden Medina, María Fernanda Olarte Sierra, Hugo Palmarola, Tania Pérez-Bustos, Julia Rodriguez, Israel Rodríguez-Giralt, Edna Suárez Díaz, Hernán Thomas, Manuel Tironi, Dominique Vinck

Taking a novel approach to the contradictory impulses of violence and care, illness and healing, this book radically shifts the way we think of the interrelations of institutions and experiences in a globalizing world. Living and Dying in the Contemporary World is not just another reader in medical anthropology but a true tour de force—a deep exploration of all that makes life unbearable and yet livable through the labor of ordinary people. This book comprises forty-four chapters by scholars whose ethnographic and historical work is conducted around the globe, including South Asia, East Asia, Latin America, Africa, the Middle East, Europe, and the United States. Bringing together the work of established scholars with the vibrant voices of younger scholars, Living and Dying in the Contemporary World will appeal to anthropologists, sociologists, health scientists, scholars of religion, and all who are curious about how to relate to the rapidly changing institutions and experiences in an ever more connected world.

Winner of the 2021 Raphael Lemkin Book Award from the Institute for the Study of Genocide​ Honorable Mention, 2020 CALACS Book Prize​ Beyond Repair? explores Mayan women’s agency in the search for redress for harm suffered during the genocidal violence perpetrated by the Guatemalan state in the early 1980s at the height of the thirty-six-year armed conflict. The book draws on eight years of feminist participatory action research conducted with fifty-four Q’eqchi’, Kaqchikel, Chuj, and Mam women who are seeking truth, justice, and reparation for the violence they experienced during the war, and the women’s rights activists, lawyers, psychologists, Mayan rights activists, and researchers who have accompanied them as intermediaries for over a decade. Alison Crosby and M. Brinton Lykes use the concept of “protagonism” to deconstruct dominant psychological discursive constructions of women as “victims,” “survivors,” “selves,” “individuals,” and/or “subjects.” They argue that at different moments Mayan women have been actively engaged as protagonists in constructivist and discursive performances through which they have narrated new, mobile meanings of “Mayan woman,” repositioning themselves at the interstices of multiple communities and in their pursuit of redress for harm suffered.

Since 1875, Canadian courts have been permitted to act as advisors alongside their ordinary, adjudicative role. This book offers the first detailed examination of that role from a legal perspective. When one thinks of courts, it is most often in the context of deciding cases: live disputes involving spirited, adversarial debate between opposing parties. Sometimes, though, a court is granted the power to answer questions in the absence of such disputes through advisory opinions (also called references). These proceedings raise many questions: about the judicial role, about the relationship between courts and those who seek their 'advice', and about the nature of law. Tracking their use in Canada since the country's Confederation and looking to the experience of other legal systems, the book considers how advisory opinions draw courts into the complex relationship between law and politics. With attention to key themes such as the separation of powers, federalism, rights and precedent, this book provides an important and timely study of a fascinating phenomenon.