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Courts Under Constraints

Courts Under Constraints - 04 edition

Courts Under Constraints - 04 edition

ISBN13: 9780511074097

ISBN10: 0511074093

Courts Under Constraints by Helmke - ISBN 9780511074097
Edition: 04
Copyright: 2004
Publisher: Cambridge University Press
Published: 2004
International: No
Courts Under Constraints by Helmke - ISBN 9780511074097

ISBN13: 9780511074097

ISBN10: 0511074093

Edition: 04
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Summary

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.