Show simple item record

dc.contributor.authorMacaulay, Fiona*
dc.date.accessioned2017-09-07T09:18:11Z
dc.date.available2017-09-07T09:18:11Z
dc.date.issued2018
dc.identifier.citationMacaulay F (2018) Non governmental organisations and the rule of law: The experience of Latin America. In: The Edward Elgar Research Handbook on the Rule of Law by May C and Winchester A (Eds) Edward Elgar: New York. In Press.en_US
dc.identifier.urihttp://hdl.handle.net/10454/13103
dc.descriptionYesen_US
dc.description.abstractThe rule of law, that is, the fair, competent, effective, and predictable application of laws that enhance, rather than undermine, social accountability and fundamental human rights, is a core function of the state, and forms part of its social contract with the citizenry. However, ensuring that a government upholds the rule of law requires a number of checks and balances. Some of this accountability and enforcement function lies with the other branches of government: oversight of the executive by the legislative branch through its committees and reports, and by the judiciary, which has its own proactive powers and can be petitioned by citizens and their representatives. But this republican structure can still be unresponsive or resistant to scrutiny, particularly when elites across the branches of government are indifferent to, or collude in, maintaining chronic problems in the justice system. Active non-governmental organisations (NGOs) are therefore recognised as a crucial component in the effective application of the rule of law due to their independence from government and their often-different perspective on the impact of unevenly applied and unjust laws and law enforcement through direct contact with the victims of arbitrary treatment. This chapter explores ways in which NGOs (both international and local) can contribute to strengthening rule of law through a case study of how the Open Society Institute and its Justice Initiative (OSJI) and a network of Brazilian NGOs developed a campaign to reduce the excessive use of pre-trial detention. It demonstrates how NGOs can fulfil important watchdog functions and are able to change laws, policies and practices that significantly improve the rule of law by working strategically with one another, with international partners and with sympathetic state actors.en_US
dc.language.isoenen_US
dc.relation.isreferencedbyhttps://www.e-elgar.com/shop/handbook-on-the-rule-of-law
dc.rights(c) 2018 Edward Elgar. Full-text reproduced in accordance with the publisher's self-archiving policy.en_US
dc.subjectRule of law; NGOs; Latin America; Brazil; Pretrial detentionen_US
dc.titleNon governmental organisations and the rule of law: The experience of Latin Americaen_US
dc.status.refereedNoen_US
dc.typeBook chapteren_US
dc.type.versionAccepted Manuscripten_US


Item file(s)

Thumbnail
Name:
Rule of Law chapter as accepte ...
Size:
63.05Kb
Format:
Unknown
Description:
Keep suppressed - no cover sheet
Thumbnail
Name:
macaulay_2018.pdf
Size:
307.0Kb
Format:
PDF

This item appears in the following Collection(s)

Show simple item record