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To what extent do courts in Latin America protect individual rights
and limit governments? This volume answers these fundamental
questions by bringing together today's leading scholars of judicial
politics. Drawing on examples from Argentina, Brazil, Chile,
Mexico, Colombia, Costa Rica, and Bolivia, the authors demonstrate
that there is widespread variation in the performance of Latin
America's constitutional courts. In accounting for this variation,
the contributors push forward ongoing debates about what motivates
judges; whether institutions, partisan politics, and public support
shape interbranch relations; and the importance of judicial
attitudes and legal culture. The authors deploy a range of methods,
including qualitative case studies, paired country comparisons,
statistical analysis, and game theory.
This study offers a new theoretical framework for understanding how
institutional instability affects judicial behavior under
dictatorship and democracy. In stark contrast to conventional
wisdom, the central findings of the book contradict the
longstanding assumption that only independent judges rule against
the government of the day. Set in the context of Argentina, the
study uses the tools of positive political theory to explore the
conditions under which courts rule against the government. In
addition to shedding new light on the dynamics of court-executive
relations in Argentina, the study provides general lessons about
institutions, instability, and the rule of law. In the process, the
study builds a new set of connections among diverse bodies of
scholarship, including US judicial politics, comparative
institutional analysis, positive political theory, and Latin
American politics.
Why does institutional instability pervade the developing world?
Examining contemporary Latin America, Institutions on the Edge
develops and tests a novel argument to explain why institutional
crises emerge, spread, and repeat in some countries, but not in
others. The book draws on formal bargaining theories developed in
the conflict literature to offer the first unified micro-level
account of inter-branch crises. In so doing, Helmke shows that
concentrating power in the executive branch not only fuels
presidential crises under divided government, but also triggers
broader constitutional crises that cascade on to the legislature
and the judiciary. Along the way, Helmke highlights the importance
of public opinion and mass protests, and elucidates the conditions
under which divided government matters for institutional
instability.
To what extent do courts in Latin America protect individual rights
and limit governments? This volume answers these fundamental
questions by bringing together today's leading scholars of judicial
politics. Drawing on examples from Argentina, Brazil, Chile,
Mexico, Colombia, Costa Rica and Bolivia, the authors demonstrate
that there is widespread variation in the performance of Latin
America's constitutional courts. In accounting for this variation,
the contributors push forward ongoing debates about what motivates
judges; whether institutions, partisan politics and public support
shape inter-branch relations; and the importance of judicial
attitudes and legal culture. The authors deploy a range of methods,
including qualitative case studies, paired country comparisons,
statistical analysis and game theory.
This study offers a theoretical framework for understanding how
institutional instability affects judicial behavior under
dictatorship and democracy. In stark contrast to conventional
wisdom, the central findings of the book contradict some
assumptions that only independent judges rule against the
government of the day. Set in the context of Argentina, the study
uses the tools of positive political theory to explore the
conditions under which courts rule against the government. In
addition to shedding light on the dynamics of court-executive
relations in Argentina, the study provides general lessons about
institutions, instability, and the rule of law. In the process, the
study builds a set of connections among diverse bodies of
scholarship, including US judicial politics, comparative
institutional analysis, positive political theory, and Latin
American politics.
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