Is there an institutional structure conducive to judicial independence? An overview of ruling constitutions in Latin America
What determines the nature of judicial review and the way it operates in the new democracies? Institutional factors seem to impact the independence and power of courts and therefore are often used to explain their behavior. Mechanisms such as composition of the courts, jurisdiction, and selection of...
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Format: | Article |
Language: | Portuguese |
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Universidade Federal do Rio Grande do Sul
2014-12-01
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Series: | Revista Debates |
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Online Access: | http://seer.ufrgs.br/index.php/debates/article/view/49674/32322 |
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author | Rebecca Magalhães Ernani Carvalho |
author_facet | Rebecca Magalhães Ernani Carvalho |
author_sort | Rebecca Magalhães |
collection | DOAJ |
description | What determines the nature of judicial review and the way it operates in the new democracies? Institutional factors seem to impact the independence and power of courts and therefore are often used to explain their behavior. Mechanisms such as composition of the courts, jurisdiction, and selection of members of the term commonly listed in detail in constitutional texts, signaling that the autonomy of the courts is traditionally a desirable ideal for constituents. This article aims to analyze how certain characteristics may be crucial in promoting judicial independence and ultimately determine which are present in the constitutional courts in Latin America. |
first_indexed | 2024-12-21T19:26:05Z |
format | Article |
id | doaj.art-183cde0a04614bfe9ac809d0cc0e48da |
institution | Directory Open Access Journal |
issn | 1982-5269 1982-5269 |
language | Portuguese |
last_indexed | 2024-12-21T19:26:05Z |
publishDate | 2014-12-01 |
publisher | Universidade Federal do Rio Grande do Sul |
record_format | Article |
series | Revista Debates |
spelling | doaj.art-183cde0a04614bfe9ac809d0cc0e48da2022-12-21T18:52:49ZporUniversidade Federal do Rio Grande do SulRevista Debates1982-52691982-52692014-12-0183119140Is there an institutional structure conducive to judicial independence? An overview of ruling constitutions in Latin AmericaRebecca Magalhães0Ernani Carvalho1Universidade Federal de Pernambuco (UFPE)Universidade Federal de Pernambuco (UFPE)What determines the nature of judicial review and the way it operates in the new democracies? Institutional factors seem to impact the independence and power of courts and therefore are often used to explain their behavior. Mechanisms such as composition of the courts, jurisdiction, and selection of members of the term commonly listed in detail in constitutional texts, signaling that the autonomy of the courts is traditionally a desirable ideal for constituents. This article aims to analyze how certain characteristics may be crucial in promoting judicial independence and ultimately determine which are present in the constitutional courts in Latin America.http://seer.ufrgs.br/index.php/debates/article/view/49674/32322Judicial Independence; Latin America; Constitutional Courts. |
spellingShingle | Rebecca Magalhães Ernani Carvalho Is there an institutional structure conducive to judicial independence? An overview of ruling constitutions in Latin America Revista Debates Judicial Independence; Latin America; Constitutional Courts. |
title | Is there an institutional structure conducive to judicial independence? An overview of ruling constitutions in Latin America |
title_full | Is there an institutional structure conducive to judicial independence? An overview of ruling constitutions in Latin America |
title_fullStr | Is there an institutional structure conducive to judicial independence? An overview of ruling constitutions in Latin America |
title_full_unstemmed | Is there an institutional structure conducive to judicial independence? An overview of ruling constitutions in Latin America |
title_short | Is there an institutional structure conducive to judicial independence? An overview of ruling constitutions in Latin America |
title_sort | is there an institutional structure conducive to judicial independence an overview of ruling constitutions in latin america |
topic | Judicial Independence; Latin America; Constitutional Courts. |
url | http://seer.ufrgs.br/index.php/debates/article/view/49674/32322 |
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