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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Main Authors: Rebecca Magalhães, Ernani Carvalho
Format: Article
Language:Portuguese
Published: Universidade Federal do Rio Grande do Sul 2014-12-01
Series:Revista Debates
Subjects:
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.
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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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