1.

Record Nr.

UNINA9910452669803321

Autore

Kapiszewski Diana

Titolo

High courts and economic governance in Argentina and Brazil / / Diana Kapiszewski, University of California, Irvine [[electronic resource]]

Pubbl/distr/stampa

Cambridge : , : Cambridge University Press, , 2012

ISBN

1-139-88828-5

1-139-56417-X

1-139-55557-X

1-139-55432-8

1-139-01766-7

1-139-54936-7

1-139-55186-8

1-283-63826-6

1-139-55061-6

Descrizione fisica

1 online resource (xi, 289 pages) : digital, PDF file(s)

Disciplina

343.8107/0269

Soggetti

Courts of last resort - Brazil

Courts of last resort - Argentina

Political questions and judicial power - Argentina

Political questions and judicial power - Brazil

Brazil Economic policy

Argentina Economic policy

Lingua di pubblicazione

Inglese

Formato

Materiale a stampa

Livello bibliografico

Monografia

Note generali

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Nota di bibliografia

Includes bibliographical references and index.

Nota di contenuto

1. High court-elected branch institutions in Latin America -- 2. Setting the scene: Latin America's triple transition and the judicialization of economic governance -- 3. Politicization and the political court in Argentina -- 4. Professionalism and the statesman court in Brazil -- 5. The political court and high court submission and inter-branch confrontation in Argentina -- 6. The statesman court and inter-branch accommodation in Brazil -- 7. Conclusions and implications.

Sommario/riassunto

High Courts and Economic Governance in Argentina and Brazil analyzes how high courts and elected leaders in Latin America interacted over



neoliberal restructuring, one of the most significant socioeconomic transformations in recent decades. Courts face a critical choice when deciding cases concerning national economic policy, weighing rule of law concerns against economic imperatives. Elected leaders confront equally difficult dilemmas when courts issue decisions challenging their actions. Based on extensive fieldwork in Argentina and Brazil, this study identifies striking variation in inter-branch interactions between the two countries. In Argentina, while the high court often defers to politicians in the economic realm, inter-branch relations are punctuated by tense bouts of conflict. The Brazilian high court and elected officials, by contrast, routinely accommodate one another in their decisions about economic policy. Diana Kapiszewski argues that the two high courts' contrasting characters - political in Argentina and statesman-like in Brazil - shape their decisions on controversial cases and condition how elected leaders respond to their rulings, channeling inter-branch interactions into persistent patterns.