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Courts under Constraints:Judges, Generals, and Presidents in Argentina (Cambridge Studies in Comparative Politics)
by: Gretchen Helmke (Author) › Visit Amazon's Gretchen Helmke Page See search results for this author Gretchen Helmke (Author)
Publisher: Cambridge University Press; Illustrated edition (27 Dec. 2004)
Language: English
Print length: 242 pages
ISBN-10: 0521820596
ISBN-13: 9780521820592
Book 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 contradict some assumptions that only independent judges rule against the govement 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 govement. 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.
