High Courts and Economic Governance in Argentina and Brazil

Inbunden, Engelska, 2012

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Beskrivning

High Courts and Economic Governance in Argentina and Brazil analyzes how high courts and elected leaders in Latin America interacted over neoliberal restructuring, one of the most significant socioeconomic transformations in recent decades. Courts face a critical choice when deciding cases concerning national economic policy, weighing rule of law concerns against economic imperatives. Elected leaders confront equally difficult dilemmas when courts issue decisions challenging their actions. Based on extensive fieldwork in Argentina and Brazil, this study identifies striking variation in inter-branch interactions between the two countries. In Argentina, while the high court often defers to politicians in the economic realm, inter-branch relations are punctuated by tense bouts of conflict. The Brazilian high court and elected officials, by contrast, routinely accommodate one another in their decisions about economic policy. Diana Kapiszewski argues that the two high courts' contrasting characters - political in Argentina and statesman-like in Brazil - shape their decisions on controversial cases and condition how elected leaders respond to their rulings, channeling inter-branch interactions into persistent patterns.

Produktinformation

Utgivningsdatum:2012-09-24
Mått:160 x 242 x 18 mm
Vikt:550 g
Format:Inbunden
Språk:Engelska
Antal sidor:300
Förlag:Cambridge University Press
ISBN:9781107008281

Utforska kategorier

Statsvetenskap och politisk teori inom Samhälle och politik
Komparativ rätt inom Juridik
Rättsordning inom Juridik

Mer om författaren

Diana Kapiszewski is Assistant Professor in the Department of Political Science at the University of California, Irvine. Her PhD dissertation won the American Political Science Association's Edward S. Corwin Award for best dissertation in public law. Her articles have appeared in Perspectives on Politics, PS: Political Science and Politics, Law and Society Review, and Law and Social Inquiry.

Recensioner i media

'This is a wonderful book - meticulously crafted, with close attention to methods and concept formation, presenting a nuanced and persuasive argument. Kapiszewski's analysis places the strategic calculus of courts within their historical and institutional contexts, ultimately producing an account that feels more true to the way judges actually decide and the way politicians interact with their courts. Her argument incorporates what is unique about courts as legal institutions, while remaining fully political in its analysis. An excellent addition to the burgeoning comparative judicial politics literature.' Daniel M. Brinks, University of Texas, Austin

Innehållsförteckning

1. High court-elected branch institutions in Latin America; 2. Setting the scene: Latin America's triple transition and the judicialization of economic governance; 3. Politicization and the political court in Argentina; 4. Professionalism and the statesman court in Brazil; 5. The political court and high court submission and inter-branch confrontation in Argentina; 6. The statesman court and inter-branch accommodation in Brazil; 7. Conclusions and implications.