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

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

by Rebecca Bill Chavez
 

ISBN-10: 0804748128

ISBN-13: 9780804748124

Pub. Date: 04/08/2004

Publisher: Stanford University Press

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

Overview

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.

Product Details

ISBN-13:
9780804748124
Publisher:
Stanford University Press
Publication date:
04/08/2004
Edition description:
1
Pages:
272
Product dimensions:
6.00(w) x 9.00(h) x 0.90(d)

Table of Contents

List of Illustrations and Tablesix
Acknowledgmentsxi
Introduction1
1.Constructing the Rule of Law9
2.Argentina's Shifting Executive-Judicial Balance of Power28
3.Monolithic Party Control and Critical Junctures: The Erosion of the Rule of Law under Peron and Menem53
4.A Tale of Two Provinces: Judicial Autonomy in San Luis and Mendoza80
5.Monolithic Party Control and Executive Dominance in San Luis99
6.Party Competition and the Rule of Law in Mendoza116
7.The Politics of Reform Coalitions134
Conclusion: Competitive Politics and the Rule of Law in Presidential Systems157
AppendixA Spatial Model of Supreme Court Independence167
Notes171
Bibliography217
List of Interviews237
Index243

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