High Courts And Economic Governance In Argentina And Brazil

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 high courts often defer to politicians in the economic realm, inter-branch relations are punctuated by tense bouts of conflict. Brazilian courts 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 shaped their decisions on controversial cases and conditioned how elected leaders responded to their rulings, channeling inter-branch interactions into persistent patterns.

Beyond High Courts: The Justice Complex in Latin America is a much-needed volume that will make a significant contribution to the growing fields of comparative law and politics and Latin American legal institutions. The book moves these research agendas beyond the study of high courts by offering theoretically and conceptually rich empirical analyses of a set of critical supranational, national, and subnational justice sector institutions that are generally neglected in the literature. The chapters examine the region’s large federal systems (Argentina, Brazil, and Mexico), courts in Chile and Venezuela, and the main supranational tribunal in the region, the Inter-American Court of Human Rights. Aimed at students of comparative legal institutions while simultaneously offering lessons for practitioners charged with designing such institutions, the volume advances our understanding of the design of justice institutions, how their form and function change over time, what causes those changes, and what consequences they have. The volume also pays close attention to how justice institutions function as a system, exploring institutional interactions across branches and among levels of government (subnational, national, supranational) and analyzing how they help to shape, and are shaped by, politics and law. Incorporating the institutions examined in the volume into the literature on comparative legal institutions deepens our understanding of justice systems and how their component institutions can both bolster and compromise democracy and the rule of law. Contributors: Matthew C. Ingram, Diana Kapiszewski, Azul A. Aguiar-Aguilar, Ernani Carvalho, Natália Leitão, Catalina Smulovitz, John Seth Alexander, Robert Nyenhuis, Sídia Maria Porto Lima, José Mário Wanderley Gomes Neto, Danilo Pacheco Fernandes, Louis Dantas de Andrade, Mary L. Volcansek, and Martin Shapiro.

This study analyzes how elected leaders and high courts in Argentina and Brazil interact over economic governance.

"This book examines the origins and growth of judicial review in the key G-20 constitutional democracies, which include: the United States; the United Kingdom; France; Germany; Japan; Italy; India; Canada; Australia; South Korea; Brazil; South Africa; Indonesia; Mexico; and the European Union. The book considers five different theories, which help to explain the origins of judicial review, and it identifies which theories apply best in the various countries discussed. It considers not on what gives rise to judicial review originally, but also what causes of judicial review lead it to become more powerful and prominent over times. The positive account of what causes the origins and growth of judicial review in so many very different countries over such a long period of time has normative implications"--

The Asian Yearbook of Human Rights and Humanitarian Law aims to publish peer-reviewed scholarly articles and reviews as well as significant developments in human rights and humanitarian law. It examines international human rights and humanitarian law with a global reach, though its particular focus is on the Asian region. Volume 7 of the Yearbook covers a wide range of topics, which have been organized along four central themes: Human Rights Protection and Erosion during the (Post-) COVID-19 Pandemic; Economic, Social and Environmental Rights Contestation and Evolution; Human Rights Protection of Vulnerable Persons; and Human Rights and Democratic Values under Threat.

To what extent do courts in Latin America protect individual rights and limit governments? This volume answers these fundamental questions by bringing together today's leading scholars of judicial politics. Drawing on examples from Argentina, Brazil, Chile, Mexico, Colombia, Costa Rica and Bolivia, the authors demonstrate that there is widespread variation in the performance of Latin America's constitutional courts. In accounting for this variation, the contributors push forward ongoing debates about what motivates judges; whether institutions, partisan politics and public support shape inter-branch relations; and the importance of judicial attitudes and legal culture. The authors deploy a range of methods, including qualitative case studies, paired country comparisons, statistical analysis and game theory.

With contributions from leading international scholars, this Handbook offers the most rigorous and up-to-date analyses of virtually every aspect of Brazilian politics, including inequality, environmental politics, foreign policy, economic policy making, social policy, and human rights. The Handbook is divided into three major sections: Part 1 focuses on mass behavior, while Part 2 moves to representation, and Part 3 treats political economy and policy. The Handbook proffers five chapters on mass politics, focusing on corruption, participation, gender, race, and religion; three chapters on civil society, assessing social movements, grass-roots participation, and lobbying; seven chapters focusing on money and campaigns, federalism, retrospective voting, partisanship, ideology, the political right, and negative partisanship; five chapters on coalitional presidentialism, participatory institutions, judicial politics, and the political character of the bureaucracy, and eight chapters on inequality, the environment, foreign policy, economic and industrial policy, social programs, and human rights. This Handbook is an essential resource for students, researchers, and all those looking to understand contemporary Brazilian politics.

Shows how political and legal forces have shaped the evolution of a surprisingly effective regime to resolve transborder commercial disputes.