Journal ArticleDOI
Judging from a Guilty Conscience: The Chilean Judiciary's Human Rights Turn
TLDR
This paper argued that the prosecutorial turn reflects the judiciary's attempt to atone for its complicity with the dictatorship, and reconceptualized judicial culture as contested, heterogeneous, and dynamic, opening the door to richer understandings of judicial politics, transitional justice and the reception of international human rights.Abstract:
Since the detention of General Pinochet in London in 1998 on charges of crimes against humanity, Chile's judges have sentenced more former officials of the military regime for human rights violations than judges of any other country in Latin America. This article argues that the prosecutorial turn reflects the judiciary's attempt to atone for its complicity with the dictatorship. The London arrest created pressure for prosecution of Pinochet‐era human rights violations; but it is the contest over the judiciary's legacy, as an important piece of postauthoritarian memory struggles, that explains why Chile's notoriously illiberal judiciary ceded to that pressure. By reconceptualizing judicial culture as contested, heterogeneous, and dynamic, this article opens the door to richer understandings of judicial politics, transitional justice, and the reception of international human rights.read more
Citations
More filters
Journal ArticleDOI
A Global Measure of Judicial Independence, 1948–2012
TL;DR: In this paper, a new cross-national measure of de facto judicial independence is presented, which is available for 200 countries from 1948 to 2012, and is used to uncover latent concepts commonly encountered in time-series, cross-sectional analyses in comparative politics and international relations.
A Measurement Model for Synthesizing Multiple Comparative Indicators: The Case of Judicial Independence
Drew A. Linzer,Jeffrey K. Staton +1 more
TL;DR: In this paper, the authors introduce a statistical measurement model for uncovering latent concepts commonly encountered in time series, cross-sectional analyses in comparative politics and international relations, which is applicable to a wide variety of latent concepts in the study of international relations.
Journal ArticleDOI
Tactical Balancing: High Court Decision Making on Politically Crucial Cases
TL;DR: In this article, the authors argue that high court justices balance a discrete set of considerations (i.e., justices' ideologies, their institutional interests, the potential consequences of their rulings, public opinion, elected leaders' preferences, and law) as they decide important cases.
Book
High Courts and Economic Governance in Argentina and Brazil
TL;DR: In this article, the authors discuss Latin America's triple transition and the judicialization of economic governance, including the political court and high court submission and inter-branch confrontation in Argentina and Brazil.
Journal ArticleDOI
International Arbitration and Judicial Politics in Authoritarian States
TL;DR: The authors used the case of Sudan to show how authoritarian regimes benefit from embracing international arbitration, allowing them to maintain domestic control and attract foreign investment, which obviates the need for nondemocratic states to create independent courts.
References
More filters
Book ChapterDOI
Historical institutionalism in comparative politics
TL;DR: The authors provides an overview of recent developments in historical institutionalism and assesses the progress in understanding institutional formation and change, drawing on insights from recent historical institutional work on icritical juncturesi and on ipolicy feedbacks.
Journal ArticleDOI
Discursive Institutionalism: The Explanatory Power of Ideas and Discourse
TL;DR: The discursive institutionalism of as discussed by the authors is a more dynamic approach to institutional change than the older three new institutionalisms, which can be categorized into two types, cognitive and normative, and it comes in two forms: coordinative discourse among policy actors and communicative discourse between political actors and the public.
Book
Institutional change and globalization
TL;DR: This chapter discusses the development of tax levels and Structures for Country Subgroups in the developed world over the past century and the role of taxation in this development.
MonographDOI
The Common Place of Law: Stories from Everyday Life
Patricia Ewick,Susan S. Silbey +1 more
TL;DR: The authors explored the different ways people view the law and identified three common narratives: one is based on the idea of the law as magisterial and remote; another views the Law as a game with rules that can be manipulated to one's advantage; and a third narrative describes the Law is an arbitrary power to be actively resisted.
Book
Human Rights and Gender Violence: Translating International Law into Local Justice
TL;DR: Human Rights and Gender Violence as mentioned in this paper investigates the tensions between global law and local justice and offers an insider's perspective on how human rights law holds authorities accountable for the protection of citizens even while reinforcing and expanding state power.