Judges Beyond Politics in Democracy and Dictatorship: Lessons from Chile

ISBN-13: 9780521876643 / Angielski / Twarda / 2007 / 316 str.

Lisa Hilbink

Opis

A longitudinal case study of Chile that assesses competing hypotheses regarding judicial behavior in both democratic and undemocratic contexts, this book explores the relevance of regime-related factors, judges' personal policy preferences, social class, and legal philosophy, but argues that institutional features grounded in the ideal of "apoliticism" best explain the persistent failure of Chilean judges to take stands in defense of rights and rule of law principles, before, during, and after the authoritarian interlude. Dr. Hilbink offers comparative examples to support broader theoretical claims about when judges will be willing and able to assert their independence against abuses of public power.

Recenzje

Review of the hardback: 'Lisa Hilbink's new book, Judges beyond Politics in Democracy and Dictatorship: Lessons from Chile, responds to one of the central questions of … recent research: when will judges act to bolster democracy and individual rights and when will they act to bolster authoritarianism and impunity? She provides a compelling response to this question based on the Chilean case.' Journal of Politics

Spis treści

Introduction; 1. The judiciary, the rule of law, and democracy: aspirations and impediments; 2. The institutional construction and the judicial role in Chile; 3. Conservative activism in the heyday of democracy, 1964 to 1973; 4. Legitimizing authoritarianism, 1973 to 1990; 5. Continuity and change after the return of democracy, 1990 to 2000; 6. Conclusions and implications; Appendixes.