Courts in Latin America by Gretchen Helmke, Julio Rios-Figueroa

By Gretchen Helmke, Julio Rios-Figueroa

To what quantity do courts in Latin the United States guard person rights and restrict governments? This quantity solutions those primary questions via bringing jointly contemporary prime students of judicial politics. Drawing on examples from Argentina, Brazil, Chile, Mexico, Colombia, Costa Rica, and Bolivia, the authors display that there's common version within the functionality of Latin America's constitutional courts. In accounting for this modification, the participants push ahead ongoing debates approximately what motivates judges; no matter if associations, partisan politics, and public help form interbranch relatives; and the significance of judicial attitudes and felony tradition. The authors installation more than a few equipment, together with qualitative case reports, paired kingdom comparisons, statistical research, and online game conception.

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Schmitt, Carl. 2008. Constitutional Theory. Durham, NC: Duke University Press. Scribner, Druscilla L. 2004. D. dissertation, University of California, San Diego. , and Harold J. Spaeth. 2002. The Supreme Court: The Attitudinal Model Revisited. New York: Cambridge University Press. ). 2010. The Transformation of Constitutional Discourse and the Judicialization of Politics in Latin America. New York: Cambridge University Press. ). 2005. The Judicialization of Politics in Latin America. New York: Palgrave Macmillan.

Thus constitutional judges may be chosen by the parliament, with executive approval, from a pool of judges, law professors, and politicians. They may also be chosen with the participation of civil society organizations and other state organs such as human rights commissions (more on this later). A different but related argument is that in recently democratized countries, the ordinary courts are associated with the authoritarian past, if not with corruption (Horowitz 2006, 126). In these settings, an autonomous constitutional court would be a better institutional choice because it would carry less baggage from the 38 Julio R´ıos-Figueroa authoritarian period than the ordinary judiciary, and its judges could represent the values of the new democratic system.

1990. ” Journal of Law, Economics, and Organization, vol. 6, no. 2: 263–300. Staton, Jeffrey K. 2002. D. dissertation, Washington University in St. Louis. Staton, Jeffrey K. 2010. Judicial Power and Strategic Communication in Mexico. New York: Cambridge University Press. Stephenson, Matthew C. 2004. ” Journal of Law, Economics, and Organization, vol. 20, no. 2: 379–399. ). 1993. Transition to Democracy in Latin America: The Role of the Judiciary. Boulder, CO: Westview Press. Trochev, Alexei. 2008.

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