Determinants of Judicial Independence
Lessons from Three 'Cases' of Constitutional Courts in Peru (1982-2007)
Bibliographic Data
| ID | 3353565 |
|---|---|
| Authors | Eduardo Dargent, Eduardo Dargent Bocanegra (0000-0002-1844-246X, The University of Texas at Austin, corresponding author) |
| Year | 2009 |
| Volume | 41 |
| Issue | 2 |
| Pages | 251-278 |
| Publication date | 2009-05-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Journal of Latin American Studies (JOURNAL) |
| Journal identifiers | ISSN: 0022-216X • E-ISSN: 1469-767X |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/s0022216x09005562 |
| OpenAlex | W2116336333 |
| Language | EN |
| Citations received | 20 |
| References cited | 14 |
The Peruvian Constitutional Tribunal (CT) is currently an independent institutional actor in Peru's politics. By comparing and contrasting the recent history of the CT and two previous 'cases' of 'failed' constitutional courts - the CT's role during the Fujimori regime and its predecessor, the Tribunal of Constitutional Guarantees - the article tests several theories that aim to explain the emergence of independent courts in democracies. The three cases provide evidence in support of theories that highlight the importance of political pluralism as a necessary condition for the emergence of independent courts, but the cases also show that an institutional design that 'mirrors' this pluralism is crucial to attain this outcome. The importance of these political and institutional factors suggests that it is too soon to be optimistic about the likelihood that the present CT can maintain its independence in the future
Epistemology · Independence (probability theory) · Judicial Independence · Law and economics · Pluralism (philosophy) · Political economy · Political science · Politics · Sociology · Tribunal · Judicial and Constitutional Studies · Law · Law, Economics, and Judicial Systems · Legal and Constitutional Studies · Philosophy
Peru Since Fujimori
Holding the line on human rights accountability
Autonomía o independencia
Ruling against the Executive in Amparo Cases
Determinants of Judicial Dissent in Contexts of Extreme Institutional Instability
Evaluating Theories of Decision-making on the Peruvian Constitutional Tribunal
Some determinants of internal judicial independence
The Institutional Foundations of the Uneven Global Spread of Constitutional Courts
Ideological Voting on Chile's Constitutional Tribunal
Explaining Support for Human Rights Protections
Separation of powers and the Ecuadorian Supreme Court
La precaria independencia de la judicatura peruana. La amovilidad judicial desde los inicios de la república hasta el reformismo castillista, 1824-1860
O sistema interamericano de direitos humanos e a justiça de transição no Peru
Nature or Nurture? Judicial Lawmaking in the European Court of Justice and the Andean Tribunal of Justice
Who Wants an Independent Court? Political Competition and Supreme Court Autonomy in the Argentine Provinces (1984–2008)
Judicial backsliding
A Constitution I Am Used To? Constitutional Endurance and Replacement in Democratic Latin America
Informal Institutions and Judicial Independence in Paraguay, 1954–2011
Slow environmental justice
Judges without Robes and Judicial Voting in Contexts of Institutional Instability
Judicial Review in New Democracies
The Puzzling (In)Dependence of Courts
The Independent Judiciary in an Interest-Group Perspective
Judicial Reform in Argentina in the 1990s
Law versus the State
Fujimori's 1990 Upset Victory in Peru
The Constitutional Adjudication Mosaic of Latin America
Judicial Independence and Democratization
The Role of Constitutional Courts in the Establishment and Maintenance of Democratic Systems of Government
Supreme Court Decisions on Electoral Rules after Mexico's 1994 Judicial Reform
The Nature of the New Argentine Democracy. The Delegative Democracy Argument Revisited
Accountability in Hostile Times
Fragmentation of Power and the Emergence of an Effective Judiciary in Mexico, 1994-2002
| Unique citing works | 20 |
|---|---|
| Citations per year | 1,25 |
| Citation span | 2010 - 2025 (16) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 18 |