Lisa Hilbink

Judges beyond Politics in Democracy and Dictatorship (eBook, PDF)

Lessons from Chile

• Format: PDF

Produktbeschreibung

Why did formerly independent Chilean judges, trained under and appointed by democratic governments, facilitate and condone the illiberal, antidemocratic, and anti-legal policies of the Pinochet regime? Challenging the assumption that adjudication in non-democratic settings is fundamentally different and less puzzling than it is in democratic regimes, this book offers a longitudinal analysis of judicial behavior, demonstrating striking continuity in judicial performance across regimes in Chile. The work explores the relevance of judges' personal policy preferences, social class, and legal philosophy, but argues that institutional factors best explain the persistent failure of judges to take stands in defense of rights and rule of law principles. Specifically, the institutional structure and ideology of the Chilean judiciary, grounded in the ideal of judicial apoliticism, furnished judges with professional understandings and incentives that left them unequipped and disinclined to take stands in defense of liberal democratic principles, before, during, and after the authoritarian interlude.

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Produktdetails

• Verlag: Cambridge University Press
• Erscheinungstermin: 23. Juli 2007
• Englisch
• ISBN-13: 9780511292859
• Artikelnr.: 38194694

Autorenporträt

Lisa Hilbink is a two-time Fulbright grantee to Chile and Spain. From 2000 to 2003, she was Post-Doctoral Fellow in the Princeton University Society of Fellows and Lecturer at the Woodrow Wilson School of Public and International Affairs. Her doctoral thesis, upon which this book is based, won the Best Dissertation Award for 1999/2000 from the Western Political Science Association. Dr. Hilbink is a member of the American Political Science Association, the Law and Society Association, and the Latin American Studies Association. She is now Assistant Professor at the University of Minnesota, Twin Cities.

Inhaltsangabe

Introduction
1. The judiciary, the rule of law, and democracy: aspirations and impediments
2. The institutional construction and the judicial role in Chile
3. Conservative activism in the heyday of democracy, 1964 to 1973
4. Legitimizing authoritarianism, 1973 to 1990
5. Continuity and change after the return of democracy, 1990 to 2000
6. Conclusions and implications
Appendixes.