Cover of Courts under Constraints by Helmke, Gretchen, ISBN 9780521820592
Civil Procedure

Courts under Constraints

COURTS UNDER CONSTRAINTS

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Hardback · ISBN 9780521820592

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Key Specifications

ISBN 9780521820592
Subtitle COURTS UNDER CONSTRAINTS
Publisher Cambridge University Press
Publication date October 2005
Language English
MRP £55.00 GBP
Page count 242
Item weight 116 g

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 government 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 government. 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.