The Rule of Law in Nascent Democracies: Judicial Politics in Argentina

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Stanford University Press, 2004 - 255페이지
This book explains how the rule of law emerges and how it survives in nascent democracies.

The question of how nascent democracies construct and fortify the rule of law is fundamentally about power. By focusing on judicial autonomy, a key component of the rule of law, this book demonstrates that the fragmentation of political power is a necessary condition for the rule of law. In particular, it shows how party competition sets the stage for independent courts.

Using case studies of Argentina at the national level and of two neighboring Argentine provinces, San Luis and Mendoza, this book also addresses patterns of power in the economic and societal realms. The distribution of economic resources among members of a divided elite fosters competitive politics and is therefore one path to the requisite political fragmentation. Where institutional power and economic power converge, a reform coalition of civil society actors can overcome monopolies in the political realm.

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Constructing the Rule of
9
Argentinas Shifting ExecutiveJudicial Balance of Power
28
The Erosion
53
Judicial Autonomy in San Luis
80
Monolithic Party Control and Executive Dominance
99
Party Competition and the Rule of Law in Mendoza
116
The Politics of Reform Coalitions
134
Competitive Politics and the Rule of Law
157
A Spatial Model of Supreme Court Independence
167
Bibliography
217
List of Interviews
237
Index
243
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저자 정보 (2004)

Rebecca Bill Chavez is Assistant Professor of Political Science at the United States Naval Academy.

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