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    Coronavirus Presents Bonanza for Kleptocrats
    Mark Wolf and Richard J. Goldstone. 4/4/2020. “Coronavirus Presents Bonanza for Kleptocrats.” The Boston Globe. See full text.Abstract
    In order to keep kleptocrats accountable, an International Anti-Corruption Court must be established. 

    Very little is certain about the coronavirus, and we are only judges, not prophets. However, we can confidently predict that the response to the pandemic will be a bonanza for kleptocrats — an opportunity for the corrupt leaders of many countries to further enrich themselves.

    Governments are poised to provide trillions of dollars to counter the pandemic, without even the usual, often ineffective, safeguards to assure that the funds are properly spent. The coronavirus will, therefore, provide additional compelling proof that the world needs an International Anti-Corruption Court to punish and deter kleptocrats who enjoy impunity in the countries they rule.

     

    Corruption and Human Rights: The Linkages, the Challenges and Paths for Progress Symposium Report
    Sushma Raman and Mathias Risse. 5/30/2018. “Corruption and Human Rights: The Linkages, the Challenges and Paths for Progress Symposium Report.” In Corruption and Human Rights - The Linkages, the Challenges, and Paths for Progress. Cambridge, MA: Carr Center for Human Rights Policy. See full report. Abstract
    Corruption and Human Rights: The Linkages, the Challenges and Paths for Progress Symposium Report 

    This symposium was conceived as a way for us to convene leaders and academics from the human rights and anti-corruption movements, which have traditionally operated as separate communities of practice, to explore the linkages between the issues we work on and consider approaches to advance our work together. We hope that this symposium will not only help to inform and shape a deeper involvement of the Carr Center into the issue of corruption, but will also be the start of an ongoing collaboration between the human rights and anti-corruption communities.

    JM_Barroso

    Corruption in Brazil

    January 31, 2019

    In the latest episode of Justice Matters, Carr Center's Executive Director Sushma Raman interviews Carr Center Senior Fellow Luis Roberto Barroso on the intersection of human rights and corruption in Brazil.... Read more about Corruption in Brazil

    Countermajoritarian, Representative, and Enlightened: The Roles of Constitutional Courts in Democracies
    Luís Roberto Barroso. 4/4/2019. “Countermajoritarian, Representative, and Enlightened: The Roles of Constitutional Courts in Democracies.” The American Journal of Comparitive Law. See full text.Abstract
    Justice Luis Roberto Barroso's latest article on Countermajoritarian, Representative, and Enlightened: The Roles of Constitutional Courts in Democracies.

    The primary purpose of this article is to examine the roles of constitutional courts in contemporary democracies. It aims to demonstrate that such courts perform, in addition to the countermajoritarian role traditionally recognized in constitutional theory, two other roles: representative and, occasionally, enlightened. In the construction of the argument, the Article analyzes the phenomena of the judicialization of politics and judicial activism, as well as the issue of the difficult demarcation of the border between law and politics in the complex and plural societies of today. Although it presents several examples of the constitutional experience of the United States, the Article’s conclusions are generalizable, looking at the roles of constitutional courts from the perspective of a global constitutionalism whose categories have become common practice in the democracies of the world.

    See full text. 

    Criminal Justice and Public Safety
    John Shattuck and Mathias Risse. 2/10/2021. “Criminal Justice and Public Safety.” Reimagining Rights and Responsibilities in the United States, 011. See full text.Abstract

    Starting with the Nixon administration in the early 1970s, and gaining steam throughout the next decade, the prevailing view on criminal justice was that “tough on crime laws make crime rates go down.” That sentiment was predicated on the notion that criminals were not being sufficiently punished for their offenses, and that sentences must be increased—including mandatory minimums and “three strikes laws”—both to remove criminals from communities, and to deter others from committing crimes. The incarceration rate more than tripled between 1980 and its peak in 2008, from 310 to 1,000 prisoners per 100,000 adults—some 2.3 million people in all. Today, the United States leads the world in incarceration, with a rate more than 4 times that of comparable democracies in Western Europe.

    Reform of the criminal justice system must take into account each stage of the process, respecting the due process rights of individuals throughout their interaction with the system while at the same time bringing criminals to justice and improving overall public safety.

    Read the paper.

    See other issues of the Reimagining Rights and Responsibilities series.

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