Judging Policy: Courts and Policy Reform in Democratic Brazil

Courts, like other government institutions, shape public policy. But how are courts drawn into the policy process, and how are patterns of policy debate shaped by the institutional structure of the courts?

Drawing on the experience of the Brazilian federal courts since the transition to democracy, Judging Policy examines the judiciary's role in public policy debates. During a period of energetic policy reform, the high salience of many policies, combined with the conducive institutional structure of the judiciary, ensured that Brazilian courts would become an important institution at the heart of the policy process. The Brazilian case thus challenges the notion that Latin America's courts have been uniformly pliant or ineffectual, with little impact on politics and policy outcomes.

Judging Policy also inserts the judiciary into the scholarly debate regarding the extent of presidential control of the policy process in Latin America's largest nation. By analyzing the full Brazilian federal court system—including not only the high court, but also trial and appellate courts—the book develops a framework with cross-national implications for understanding how courts may influence policy actors' political strategies and the distribution of power within political systems.

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Judging Policy: Courts and Policy Reform in Democratic Brazil

Courts, like other government institutions, shape public policy. But how are courts drawn into the policy process, and how are patterns of policy debate shaped by the institutional structure of the courts?

Drawing on the experience of the Brazilian federal courts since the transition to democracy, Judging Policy examines the judiciary's role in public policy debates. During a period of energetic policy reform, the high salience of many policies, combined with the conducive institutional structure of the judiciary, ensured that Brazilian courts would become an important institution at the heart of the policy process. The Brazilian case thus challenges the notion that Latin America's courts have been uniformly pliant or ineffectual, with little impact on politics and policy outcomes.

Judging Policy also inserts the judiciary into the scholarly debate regarding the extent of presidential control of the policy process in Latin America's largest nation. By analyzing the full Brazilian federal court system—including not only the high court, but also trial and appellate courts—the book develops a framework with cross-national implications for understanding how courts may influence policy actors' political strategies and the distribution of power within political systems.

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Judging Policy: Courts and Policy Reform in Democratic Brazil

Judging Policy: Courts and Policy Reform in Democratic Brazil

by Matthew M. Taylor
Judging Policy: Courts and Policy Reform in Democratic Brazil

Judging Policy: Courts and Policy Reform in Democratic Brazil

by Matthew M. Taylor

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Overview

Courts, like other government institutions, shape public policy. But how are courts drawn into the policy process, and how are patterns of policy debate shaped by the institutional structure of the courts?

Drawing on the experience of the Brazilian federal courts since the transition to democracy, Judging Policy examines the judiciary's role in public policy debates. During a period of energetic policy reform, the high salience of many policies, combined with the conducive institutional structure of the judiciary, ensured that Brazilian courts would become an important institution at the heart of the policy process. The Brazilian case thus challenges the notion that Latin America's courts have been uniformly pliant or ineffectual, with little impact on politics and policy outcomes.

Judging Policy also inserts the judiciary into the scholarly debate regarding the extent of presidential control of the policy process in Latin America's largest nation. By analyzing the full Brazilian federal court system—including not only the high court, but also trial and appellate courts—the book develops a framework with cross-national implications for understanding how courts may influence policy actors' political strategies and the distribution of power within political systems.


Product Details

ISBN-13: 9780804786799
Publisher: Stanford University Press
Publication date: 02/26/2008
Sold by: Barnes & Noble
Format: eBook
Pages: 248
File size: 2 MB

About the Author

Matthew M. Taylor is Assistant Professor of Political Science at the University of São Paulo. Winner, 2008 Vitor Nunes Leal Prize by the Brazilian Political Science Association (ABCP)

Table of Contents

Contents Figures and Tables Acknowledgments Abbreviations 1. Courts and Public Policy Reform in Brazil 2. The Puzzling Policy Influence of Brazil's Federal Courts 3. Policy Type and Judicial Contestation 4. The Supreme Federal Tribunal and Veto Players in Brazilian Politics 5. Judicial Contestation of Policy: Political Parties 6. Judicial Contestation of Policy: The OAB 7. Courts in the Policy Process: Pension Reform in Cross-National Perspective 8. Conclusion Notes References Index
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