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Judges beyond Politics in Democracy and Dictatorship
Lessons from Chile
«Review of the hardback: '… thoughtful, engaging study … Judges beyond Politics is a beautifully written, succinct and engaging book that should be read by those interested in Chilean political history as well as students of law and politics, comparative politics, and human rights.' Journal of Latin American Studies»
Why did formerly independent Chilean judges, trained under and appointed by democratic governments, facilitate and condone the illiberal, antidemocratic, and anti-legal policies of the Pinochet regime? Challenging the assumption that adjudication in non-democratic settings is fundamentally different and less puzzling than it is in democratic regimes, this book offers a longitudinal analysis of judicial behavior, demonstrating striking continuity in judicial performance across regimes in Chile. Les mer
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Why did formerly independent Chilean judges, trained under and appointed by democratic governments, facilitate and condone the illiberal, antidemocratic, and anti-legal policies of the Pinochet regime? Challenging the assumption that adjudication in non-democratic settings is fundamentally different and less puzzling than it is in democratic regimes, this book offers a longitudinal analysis of judicial behavior, demonstrating striking continuity in judicial performance across regimes in Chile. The work explores the relevance of judges' personal policy preferences, social class, and legal philosophy, but argues that institutional factors best explain the persistent failure of judges to take stands in defense of rights and rule of law principles. Specifically, the institutional structure and ideology of the Chilean judiciary, grounded in the ideal of judicial apoliticism, furnished judges with professional understandings and incentives that left them unequipped and disinclined to take stands in defense of liberal democratic principles, before, during, and after the authoritarian interlude.
Detaljer
- Forlag
- Cambridge University Press
- Innbinding
- Paperback
- Språk
- Engelsk
- ISBN
- 9781107402362
- Utgivelsesår
- 2011
- Format
- 23 x 15 cm
Anmeldelser
«Review of the hardback: '… thoughtful, engaging study … Judges beyond Politics is a beautifully written, succinct and engaging book that should be read by those interested in Chilean political history as well as students of law and politics, comparative politics, and human rights.' Journal of Latin American Studies»
«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»
«Review of the hardback: '… the best available book on why Chile's judges have hitherto tended to facilitate and condone illiberal, antidemocratic, and anti-legal policies, and why these tendencies persist with respect to civil rights in general, beyond the Pinochet-era human rights cases.' Journal of Law and Society»
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