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Page 1 of 4

The Limits of Judicialization
  • From Progress to Backlash in Latin America
  • Edited by Sandra Botero, Daniel M. Brinks, Ezequiel A. Gonzalez-Ocantos
  • Published online:
    11 August 2022
    Print publication:
    25 August 2022
  • Latin America was one of the earliest and most enthusiastic adopters of what has come to be known as the judicialization of politics - the use of law and legal institutions as tools of social contestation to curb the abuse of power in government, resolve policy disputes, and enforce and expand civil, political, and socio-economic rights. Almost forty years into this experiment, The Limits of Judicialization brings together a cross-disciplinary group of scholars to assess the role that law and courts play in Latin American politics. Featuring studies of hot-button topics including abortion, state violence, judicial corruption, and corruption prosecutions, this volume argues that the institutional and cultural changes that empowered courts, what the editors call the 'judicialization superstructure,' often fall short of the promise of greater accountability and rights protection. Illustrative and expansive, this volume offers a truly interdisciplinary analysis of the limits of judicialized politics.

  • 12 - Social and Economic Rights: Argentina

  • from V - Rights
  • Edited by David S. Law, University of Virginia
  • Book:
    Constitutionalism in Context
    Published online:
    17 February 2022
    Print publication:
    17 February 2022, pp 263-280

  • Summary

    The 1994 Argentine constitutional reforms introduced a plethora of economic, social and cultural rights to the text of the constitution, along with innovative procedural devices for vindicating those rights. More than two decades later, we have a wealth of experience with judicial interpretation and enforcement of these rights, and civil society use of the rights to pursue complex policy goals. This chapter explores that experience and describes the ways in which certain rights – such as the right to health, housing and a healthy environment – have been enforced through judicial orders. It focuses especially on the various ways in which courts have addressed the difficult task of designing, implementing and monitoring solutions to alleged violations of rights, when those violations have complex social and economic roots and any solutions consequently require extensive and long-term state involvement.

  • 12 - Conclusion

  • Edited by Daniel M. Brinks, University of Texas, Austin, Steven Levitsky, Harvard University, Massachusetts, María Victoria Murillo, Columbia University, New York
  • Book:
    The Politics of Institutional Weakness in Latin America
    Published online:
    06 May 2020
    Print publication:
    11 June 2020, pp 277-298

  • Summary

    We began this book with the premise that what ultimately distinguishes strong institutions from weak ones is that the former matter more than the latter. The same institution, in two different contexts or at two different times, is stronger if it makes more of a behavioral difference in one instance than in the other. As the chapters in this volume make clear, however, it is difficult to evaluate exactly how much an institution “matters.” It is relatively simple to say that an institution is strong because, on paper, it possesses features that should make it matter – for example, it commands great things. But it is an altogether different – and, we believe, far more interesting – thing to say that an institution is strong because it actually produces an outcome that is substantially different from what we might have observed in its absence, and that it continues to produce that outcome even in the face of pressures to change it or avoid it altogether.

  • 1 - The Political Origins of Institutional Weakness

  • Edited by Daniel M. Brinks, University of Texas, Austin, Steven Levitsky, Harvard University, Massachusetts, María Victoria Murillo, Columbia University, New York
  • Book:
    The Politics of Institutional Weakness in Latin America
    Published online:
    06 May 2020
    Print publication:
    11 June 2020, pp 1-40

  • Summary

    The third wave of democratization transformed Latin America. Across the region, regime transitions triggered a plethora of institutional reforms aimed at enhancing the stability and quality of both the new and the few long-standing democracies. Most states adopted new constitutions. Many of them extended new rights to citizens, including unprecedented social rights, such as the right to health care, housing, and a clean environment (Klug 2000; Yashar 2005; Brinks and Blass 2018). Electoral systems were redesigned – at least once – in every Latin American country except Costa Rica; judicial and central bank reforms spread across the region (Jácome and Vásquez 2008); and governments launched far-reaching decentralization initiatives and experimented with new institutions of direct or participatory democracy (Falleti 2010; Cameron, Hershberg, and Sharpe 2012; Altman 2014; Mayka 2019).

Page 1 of 4