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Manipulating Courts in New Democracies: Forcing Judges off the Bench in Argentina

Contributor(s): Castagnola, Andrea (Author)

ISBN: 9781138280724

Publisher: Routledge

Hardcover
$225.00
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Pub Date: November 2, 2017

Dewey: 347.82035

LCCN: 2017027137

Lexile Code: 0000

Features: Bibliography, Illustrated, Index

Target Age Group: NA to NA

Physical Info: 0.38" H x 9.00" L x 6.00" W ( 0.82 lbs) 140 pages

Series: Routledge Studies in Latin American Politics

Descriptions, Reviews, etc.

Description:

Using original field data from Argentina's National Supreme Court and all twenty-four Provincial Supreme Courts, Andrea Castagnola develops a novel theory to explain forced retirements of judges.

Review Quotes:

"Castagnola's book analyzes the systematic use of a subtle instrument to change the composition of courts. She studies a mechanism for vacancy creation that depends on the drive of local executives rather than on the decisions of judges and that involves the use of informal pressures rather than institutional instruments. She superbly illustrates how weak executives use the instrument to build friendly courts and how in hegemonic party systems, executives use it to control factions. In a nutshell, the book introduces a new tool for the kit."

Catalina Smulovitz, Plenary Professor, Universidad Torcuato Di Tella

"This book answers a key question: why and when do politicians force justices off the bench? The answer offered contributes to, but also challenges, our knowledge regarding courts and their political role in democratic polities. The book nicely specifies the institutional conditions under which politician's motivations prompt them to get "their own court" and supports the arguments with well-done and interesting quantitative and qualitative analyses on Argentinean Supreme and state courts over a long period of time. The book delves into the unchartered territory of the relationship between judges' stability in office and their independence, a critical topic in today's troubled democracies."

Julio Ríos-Figueroa, Associate Professor of Political Science, Centro de Investigación y Docencia Económicas

"... Castagnola's analysis of "vacancy creation" in Argentina aims to generate new theory, looking beyond formal institutional design and the strategic literature and bridging the gap between US-based and Latin American- based theories of judicial politics."

Latin American Research Review

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