This book is a study of how institutional instability affects judicial behavior under dictatorship and democracy.
Table of Contents
Part I. Ruling against the Rules: 1. Introduction; 2. Actors, institutions, and mechanisms; 3. Design and overview of the argument; Part II. The Logic of Strategic Defection: 4. The standard strategic account; 5. A new pattern of inter-branch relations; 6. Modifying the separations-of-powers approach; 7. Judicial motivations; 8. Problems of information; 9. Conclusion; Part III. A Theory of Court-Executive Relations: Insecure Tenure, Incomplete Information, and Strategic Behavior: 10. Politics and uncertainty; 11. The model; 12. Discussion; 13. Conclusion: testable hypotheses; Part IV. Judges, Generals, and Presidents: Institutional Insecurity on the Argentine Supreme Court, 1976–99: 14. The gap between formal and informal institutions; 15. Judges under bayonets: the military 'Proceso', 1976–83; 16. Judges under the Alfosín government; 17. Judges under the (first) Menem government: the difficulty of democratic consolidation, 1989–95; 18. Judges under the (Second) Menem government: the path toward democratic consolidation?; 19. Conclusion: an analytic narrative of institutional insecurity; Part V. The Reverse Legal-Political Cycle: An Analysis of Decision-Making on the Argentine Supreme Court: 20. Data and methodology; 21. Timing; 22. Importance; 23. Participation; 24. Target of the threat; 25. Rival hypotheses: composition, legality, and the mix of cases; 26. Conclusion; Part VI. The Dynamics of Defection: Human Rights, Civil Liberties, and Presidential Power: 27. The military court and human rights; 28. The Alfonsín Court and human and civil rights; 29. The Menem-era court and presidential power; 30. Conclusion: did defection work?; 31. Epilogue: the court and the collapse of Argentina; Part VII. Conclusion: Broader Lessons and Future Directions: 32. Strategic defection and the reverse-legal-political cycle; 33. Strategic defection in comparative perspective; 34. Further implications, future directions.
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