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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 book offers a new theoretical framework for understanding the
mediator role played by constitutional courts in democratic
conflict solving. The book proposes an informational theory of
constitutional review in which constitutional courts obtain,
process, and transmit information to parties in a way that reduces
the uncertainty causing their conflict. The substantive focus of
the book is the role of constitutional courts in democracies where
the armed forces are fighting internal armed conflicts of different
types: Colombia, Peru, and Mexico in Latin America and also Israel,
Turkey, and Pakistan. Through detailed analyses of the political
context, civil-military relations, and the constitutional
jurisprudence on military autonomy and the regulation of the use of
force the book shows that constitutional courts can be instrumental
in striking a democratically accepted balance between the exercise
of civilian authority and the legitimate needs of the military in
its pursuit of order and national security.
This book offers a new theoretical framework for understanding the
mediator role played by constitutional courts in democratic
conflict solving. The book proposes an informational theory of
constitutional review in which constitutional courts obtain,
process, and transmit information to parties in a way that reduces
the uncertainty causing their conflict. The substantive focus of
the book is the role of constitutional courts in democracies where
the armed forces are fighting internal armed conflicts of different
types: Colombia, Peru, and Mexico in Latin America and also Israel,
Turkey, and Pakistan. Through detailed analyses of the political
context, civil-military relations, and the constitutional
jurisprudence on military autonomy and the regulation of the use of
force the book shows that constitutional courts can be instrumental
in striking a democratically accepted balance between the exercise
of civilian authority and the legitimate needs of the military in
its pursuit of order and national security.
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.
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