ENGLISH

Courts under Constraints: Judges, Generals, and Presidents in Argentina

By Gretchen Helmke

Book information

Publisher
Cambridge University Press
Year
2004
ISBN
0521820596, 9780521820592
LCC
KHA2533 .H45 2004
Language
english
Format
PDF
Filesize
962 kB (984921 bytes)
Series
Cambridge Studies in Comparative Politics
Pages
243\243
Topic
Jurisprudence Law
Time added
2012-02-04 16:00:00
Юридические дисциплины;Судебные и правоохранительн

Description

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, first published in 2005, 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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