Judges Beyond Politics In Democracy And Dictatorship: Lessons From Chile (cambridge Studies In Law And Society)
by Lisa Hilbink /
2007 / English / PDF
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A longitudinal case study of Chile that assesses competing
hypotheses regarding judicial behavior in both democratic and
undemocratic contexts, this book explores the relevance of
regime-related factors, judges' personal policy preferences, social
class, and legal philosophy, but argues that institutional features
grounded in the ideal of "apoliticism" best explain the persistent
failure of Chilean judges to take stands in defense of rights and
rule of law principles, before, during, and after the authoritarian
interlude. Dr. Hilbink offers comparative examples to support
broader theoretical claims about when judges will be willing and
able to assert their independence against abuses of public power.
A longitudinal case study of Chile that assesses competing
hypotheses regarding judicial behavior in both democratic and
undemocratic contexts, this book explores the relevance of
regime-related factors, judges' personal policy preferences, social
class, and legal philosophy, but argues that institutional features
grounded in the ideal of "apoliticism" best explain the persistent
failure of Chilean judges to take stands in defense of rights and
rule of law principles, before, during, and after the authoritarian
interlude. Dr. Hilbink offers comparative examples to support
broader theoretical claims about when judges will be willing and
able to assert their independence against abuses of public power.
