By Gretchen Helmke, Julio Rios-Figueroa
To what quantity do courts in Latin the US defend person rights and restrict governments? This quantity solutions those basic questions via bringing jointly trendy major students of judicial politics. Drawing on examples from Argentina, Brazil, Chile, Mexico, Colombia, Costa Rica, and Bolivia, the authors display that there's common edition within the functionality of Latin America's constitutional courts. In accounting for this transformation, the individuals push ahead ongoing debates approximately what motivates judges; even if associations, partisan politics, and public help form interbranch family members; and the significance of judicial attitudes and felony tradition. The authors set up quite a number equipment, together with qualitative case reviews, paired kingdom comparisons, statistical research, and online game conception.
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Extra resources for Courts in Latin America
The Politics of Constitutional Review in Germany. New York: Cambridge University Press. Vargas Vivancos, Juan Enrique. 2009. ” Reforma Judicial: Revista Mexicana de Justicia, vol. 13: 271–300. Verner, Joel G. 1984. ” Journal of Latin American Studies, vol. 16 (November), 463–506. 1 Institutions for Constitutional Justice in Latin America Julio R´ıos-Figueroa Constitutional judges consider matters relevant for the protection of rights, political competition, and the exercise of power. Why, however, do some constitutional courts stand out for their work regarding rights enforcement,1 whereas others distinguish themselves for their role in arbitrating disputes between political actors?
2: 279–295. ). 2001. Rule of Law in Latin America: The International Promotion of Judicial Reform. London: University of London Press. Epp, Charles R. 1998. The Rights Revolution: Lawyers, Activists, and Supreme Courts in Comparative Perspective. Chicago, IL: University of Chicago Press. Epstein, Lee, and Jack Knight. 1998. The Choices Justices Make. Washington, DC: Congressional Quarterly Press. Epstein, Lee, and Jack Knight. 2000. ” Political Research Quarterly, vol. 53, no. 3: 625–661. Epstein, Lee, Jack Knight, and Olga Shvetsova.
In Latin America, seven countries currently have constitutional courts outside the judiciary (the year of creation is given in parentheses): Bolivia (1995), Brazil (1988), Chile (1970–1973, 1980), Colombia (1991), Ecuador (1945),14 Guatemala (1965), and Peru (1979). Venezuela had an autonomous constitutional tribunal from 1953 to 1960, but in the constitution of 1961 the supreme court became the constitutional organ, and that continues to be the case to this day. In the rest of the Latin American countries, either the supreme court is the constitutional organ, as it has been in Mexico since 1994, or a chamber of it plays this role, as does Costa Rica’s famous Sala Cuarta.