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In recent times there has been a dramatic change in the nature and scope of constitutional justice systems in the global south. New or reformed constitutions have proliferated, protecting social, economic, and political rights. While constitutional courts in Latin America have traditionally been used as ways to limit power and preserve the status quo, the evidence shows that they are evolving into a functioning part of contemporary politics and a central component of a system of constitutional justice. This book lays bare the political roots of this transformation, outlining a new way to understand judicial design and the very purpose of constitutional justice. Authors Daniel M. Brinks and Abby Blass use case studies drawn from nineteen Latin American countries over forty years to reveal the ideas behind the new systems of constitutional justice. They show how constitutional designers entrust their hopes and fears to dynamic governance systems, in hopes of directing the development of constitutional meaning over time.
List of contents
1. Constitutional justice in the Americas at the turn of the Millennium; 2. Judicial power and the design of constitutional justice; 3. The political origins of powerful constitutional courts: constitutional governance and the politics of judicial design; 4. Identifying the political origins of constitutional justice through quantitative analysis; 5. Guatemala (1985): building constitutional justice in the shadow of Civil War; 6. Argentina (1994): negotiating a plural space of constitutional justice; 7. Bolivia (2009): governance logic in the new constitutionalism; 8. Conclusion: the politics of constitutional justice; Appendix A. Judicial power: concepts and measures.
About the author
Daniel M. Brinks is Associate Professor in the Government Department and Law School at the University of Texas, Austin. He is also a Senior Researcher with the Christian Michelsen Institute.Abby Blass is a Ph.D. candidate in Government at the University of Texas, Austin.
Summary
This book traces the development of constitutional courts in Latin America, and develops concepts such as judicial autonomy and authority. It aims to understand the design of judicial institutions and combines qualitative and quantitative evidence to explore the basic purpose of constitutional justice.
