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THE JUDICIAL SYSTEM IN VENEZUELA & THE LACK OF CHECKS AND BALANCES
Title
THE JUDICIAL SYSTEM IN VENEZUELA & THE LACK OF CHECKS AND BALANCES.
Creator
Gicherman, Jessica, Sadri, Houman, University of Central Florida
Abstract / Description
Although the wave of democratization already took place in Latin America, Venezuela has experienced a reversal in the past decade. In earlier years, the higher courts (although independent) had no impact on society; the justice members only assumed a symbolic role with no real importance, but with time, this characteristic started to interchange and the Judicial branch began to get involved in issues regarding its civil society. Consequently, the elected President Hugo Chávez decided to...
Show moreAlthough the wave of democratization already took place in Latin America, Venezuela has experienced a reversal in the past decade. In earlier years, the higher courts (although independent) had no impact on society; the justice members only assumed a symbolic role with no real importance, but with time, this characteristic started to interchange and the Judicial branch began to get involved in issues regarding its civil society. Consequently, the elected President Hugo Chávez decided to neutralize the power of all branches of government, including the judiciary, by enacting a set of rules not commonly seen in a democratic country, which concentrated the majority of power in his hand, eliminating the concept of Checks and Balances. This imbalance of power between the Executive and all other branches of government, has led to the deterioration, and almost elimination, of the independence within the judiciary. Therefore, the more the executive controls the judiciary, the less autonomy and less self-sufficiency it will have, thus eliminating the checks and balances in the Venezuelan government. In this negative relationship, the excessiveness of power exerted by the Executive branch is the main variable that controls the judicial branch. I will present valuable background information to this topic, and I will then suggest a concise solution to the problem of government imbalance between the branches in the Venezuelan government.
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Date Issued
2012
Identifier
CFH0004205, ucf:44973
Format
Document (PDF)
PURL
http://purl.flvc.org/ucf/fd/CFH0004205
IDEOLOGICAL VOTING ON THE SUPREME COURT: AN ANALYSIS OF JUDICIAL ACTIVISM ON THE BURGER AND REHNQUIST COURTS, 1969-2004
Title
IDEOLOGICAL VOTING ON THE SUPREME COURT: AN ANALYSIS OF JUDICIAL ACTIVISM ON THE BURGER AND REHNQUIST COURTS, 1969-2004.
Creator
Larsen, Tiahna, Lanier, Drew, University of Central Florida
Abstract / Description
The influence of ideology and attitudes on the decision-making process of Supreme Court justices has been well documented, such that the attitudinal model has emerged as the dominant paradigm for understanding judicial behavior. When ideology and personal preferences seem to eclipse legal factors, such as adherence to precedent and deference to the democratically-elected branches, outcries of ÂÂ"judicial activismÂÂ" have occurred. Previous studies ...
Show moreThe influence of ideology and attitudes on the decision-making process of Supreme Court justices has been well documented, such that the attitudinal model has emerged as the dominant paradigm for understanding judicial behavior. When ideology and personal preferences seem to eclipse legal factors, such as adherence to precedent and deference to the democratically-elected branches, outcries of ÂÂ"judicial activismÂÂ" have occurred. Previous studies (Lindquist and Cross 2009) have operationalized judicial activism and have provided measures for studying behavior that may be considered activist (as opposed to restrainist), further supporting the premise that ideology trumps other extra-attitudinal and legal factors in the judicial decision-making process. While the attitudinal model indicates that ideology is the strongest predictor of judicial decision-making, this research will include a number of legal variables that have significantly influenced justicesÂÂ' votes. As previous studies have demonstrated, an integrated model that combines a number of critical variables can have more explanatory power than one that relies on attitudinal reasons alone (Banks 1999; Hurwitz and Stefko 2004; Mishler and Sheehan 1996). As such, the purpose of this research is to examine individual level decision-making of the most ideological justices on the Burger and Rehnquist Courts (1969-2004) in regards to their activist behavior to overrule legal precedents and invalidate federal statutes. This research will employ multivariate regression analysis to assess the effects of attitudinal, legal and extra-attitudinal factors in the judicial decision-making process.
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Date Issued
2010
Identifier
CFE0003287, ucf:48531
Format
Document (PDF)
PURL
http://purl.flvc.org/ucf/fd/CFE0003287
FLORIDA NONPARTISAN TRIAL COURT ELECTIONS: AN ANALYSIS OF VOTER TURNOUT AND BALLOT ROLL-OFF
Title
FLORIDA NONPARTISAN TRIAL COURT ELECTIONS: AN ANALYSIS OF VOTER TURNOUT AND BALLOT ROLL-OFF.
Creator
Fagan, Shannon L, Jewett, Aubrey, University of Central Florida
Abstract / Description
This research explains the variance in voter turnout and ballot roll-off in county and circuit nonpartisan judicial elections in Florida from 2014 and 2016. Based on theory, a collection of constituent (demographic and socioeconomic), candidate, competition, and contextual variables is gathered to construct four regression models. Two full regression models were constructed for turnout and roll-off and analyzed using SPSS software, in addition to two best regression models analyzing five...
Show moreThis research explains the variance in voter turnout and ballot roll-off in county and circuit nonpartisan judicial elections in Florida from 2014 and 2016. Based on theory, a collection of constituent (demographic and socioeconomic), candidate, competition, and contextual variables is gathered to construct four regression models. Two full regression models were constructed for turnout and roll-off and analyzed using SPSS software, in addition to two best regression models analyzing five statistically significant variables found within each full model. Presidential year elections and higher populations age 65 and up had positive impacts on voter turnout, while primary elections, campaign expenditures, and populations of minor (other) party registered voters had statistically significant negative effects on turnout. Increases in ballot roll-off were associated with presidential year elections, and populations with more college degrees, higher median household income, and higher percentages of voters registered with no party affiliation or minor political parties. Roll-off decreased in primary elections. While various contextual, competition, and constituent variables had significant impact on both turnout and roll-off in Florida judicial elections, candidate characteristic variables had no significant impact on differences in voter turnout and ballot roll-off.
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Date Issued
2018
Identifier
CFH2000296, ucf:45840
Format
Document (PDF)
PURL
http://purl.flvc.org/ucf/fd/CFH2000296
The Conditionality of Vulnerability: Three Analyses of Risk and Opportunity in Civil Military Relations
Title
The Conditionality of Vulnerability: Three Analyses of Risk and Opportunity in Civil Military Relations.
Creator
Schiel, Rebecca, Powell, Jonathan, Kinsey, Barbara, Dolan, Thomas, Thyne, Clayton, University of Central Florida
Abstract / Description
Prior research has not established a clear relationship between democracy and insulation from coups d'(&)#233;tat. I contend that the lack of attention paid to the conditional influences of democracy have resulted in these mixed findings. I posit that insulation from coups occurs at higher levels of economic development and judicial institutional strength in democracies. Further, the vulnerability at low levels of both economic development and judicial institutional strength is significantly...
Show morePrior research has not established a clear relationship between democracy and insulation from coups d'(&)#233;tat. I contend that the lack of attention paid to the conditional influences of democracy have resulted in these mixed findings. I posit that insulation from coups occurs at higher levels of economic development and judicial institutional strength in democracies. Further, the vulnerability at low levels of both economic development and judicial institutional strength is significantly greater in democracies than in autocracies. Empirical assessments of 165 states for the years 1950-2012 offer strong support for both arguments. Results from these studies first help to reconcile earlier research on coup risk in democracies. Second, I point to the conditionality of democratic coup risk by highlighting the roles of economic development and political institutions. Third, I underscore the vast differences in institutional arrangements within democracies, suggesting a more nuanced approach is needed in the study of democratic political institutions. In line with this research, I examine the propensity for democratization in the aftermath of irregular leader removal. Examining the actors and tactics associated with different removal types, I focus on the benefits and challenges posed to democratization in the aftermath of removals. In an empirical assessment of authoritarian states from 1950-2012, I find that only removals resulting from coups, in conjunction with economic development, have significantly higher rates of democratization compared with the null. The results of this study are twofold, finding that not all forms of irregular leadership removal result in similar rates of post-removal democratization and that coups have driven prior results finding an association between irregular leader removal, economic development, and democratization.
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Date Issued
2018
Identifier
CFE0007365, ucf:52087
Format
Document (PDF)
PURL
http://purl.flvc.org/ucf/fd/CFE0007365
PANUA PARTNERS IN HOPE, NAIVASHA, KENYA: LEGAL AND DOMESTIC RELATED CHALLENGES
Title
PANUA PARTNERS IN HOPE, NAIVASHA, KENYA: LEGAL AND DOMESTIC RELATED CHALLENGES.
Creator
Holman, Keisha, Naccarato-Fromang, Gina, University of Central Florida
Abstract / Description
The complexities of issues existing in Kenya create a domino effect directly affecting not only the effective management and economic growth of Kenya, but also social and legislative constraints to the lower socioeconomic classes. Land dispossession, proof of ownership to property and nationality are ongoing troubling issues affecting increased orphans and vulnerable children (OVC) in Kenya, most noticeably within predominantly poverty stricken rural enclaves. This research focuses on the...
Show moreThe complexities of issues existing in Kenya create a domino effect directly affecting not only the effective management and economic growth of Kenya, but also social and legislative constraints to the lower socioeconomic classes. Land dispossession, proof of ownership to property and nationality are ongoing troubling issues affecting increased orphans and vulnerable children (OVC) in Kenya, most noticeably within predominantly poverty stricken rural enclaves. This research focuses on the bold move of stakeholders of Trinity United Methodist Church in Naivasha, Kenya partnering with First United Methodist Church of Winter Park, Orlando, United States of America. In 2010, they conceptualized Panua Partners in Hope, a transformational ministerial assisted non-profit organization program. These churches recently established support to orphans and vulnerable children (OVC) in Naivasha, Kenya. Decisively apply all their available resources to stem the varying issues these orphaned and vulnerable children (OVC) are facing. Whereby, the program is designed to teach self-sufficiency, wealth creation through sustainable income generation and entrepreneurship, and religious relationship development. Continued education is a key component of which Panua mandates. Ongoing (learning) education ensures each child remain in school - (basic, primary and secondary school levels). In addition to ensuring orphans and vulnerable children (OVC) are legally aware of their civil, human and property rights. Conversely, these issues being perpetual worldwide challenges, however, the aim of this research is to specifically address its impactive progression on orphans and vulnerable children (OVC). Thus, outlining their local conditions, the provisions of governmental policies, and assistance, or lack thereof to remedy such current challenges. Additionally, the research will outline reformed constitutional statutes despite being ratified, have not addressed the major issues currently impinging on the freedom and rights of rural communities in Naivasha, Kenya.
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Date Issued
2014
Identifier
CFH0004640, ucf:45319
Format
Document (PDF)
PURL
http://purl.flvc.org/ucf/fd/CFH0004640