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Judicial Reform as Political Insurance: Argentina, Peru, and Mexico in the 1990s (ND Kellogg Inst Int’l Studies)

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During the 1990s, judicial reform swept Latin America. Whilst one of the crucial region’s supreme courts have been able to exercise increased power on account of these reforms, others have not. Why do some instances of judicial reform appear to be leading to the development of a powerful judiciary Whilst others have failed to take action? In this careful analysis, Jodi S. Finkel investigates judicial reform in Argentina, Mexico, and Peru. She suggests that Whilst ruling parties can be induced to initiate judicial reforms by introducing constitutional revisions, they frequently prove unwilling to implement these constitutional changes by enacting required legislation.

To understand the outcomes of judicial reform, as well as to predict where reforms are likely to empower courts, it is necessary to examine the political incentives faced by politicians at the implementation phase. Finkel argues that the implementation of judicial reform may serve the ruling party as an insurance policy, in that a strong judicial branch reduces the risks faced by a ruling party once it loses power and becomes the opposition. Finkel suggests that as the ruling party’s probability of reelection declines, the likelihood of the enactment of reforms resulting in an empowered judiciary increases.

 
“This book will be of interest for those in Latin American studies, where it must be well-received as a result of the writer’s close familiarity with and authority on the countries about which she writes; for scholars in the law and society field, where it supports and complements the work of Ginsburg and Hirschl; and to those in the policy field, to whom the book offers several important lessons.” —Lisa Hilbink, University of Minnesota
 
“By highlighting politicians’ interest in protection against future threats, Jodi Finkel convincingly explains their seemingly paradoxical decision to enact judicial reforms that limit their own power. Her book constitutes a particularly interesting, thoughtful, and theoretically significant contribution to the burgeoning literature on judicial politics in Latin America.” —Kurt Weyland, Lozano Long Professor of Latin American Politics, University of Texas at Austin
 
“In this lucid study, Jodi Finkel extends our understanding of the politics of judicial empowerment with three case studies from Latin America. Well written and tightly argued, the book makes a convincing case that the incentives of politicians, somewhat than pressure from civil society or external actors, are the key factor to provide an explanation for variation in judicial reform. Finkel has made a major contribution to the nascent literature on judicial politics in Latin America. “ —Tom Ginsburg, University of Illinois

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