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Judicial Vetoes: Decision-making on Mixed Selection Constitutional Courts: Comparative Constitutional Law and Policy

Autor Lydia Tiede
en Limba Engleză Hardback – 3 aug 2022
"Constitutional courts in many countries seek to constrain elected actors often by striking down or vetoing their laws. A large proportion of these courts select their judges through a mixed selection method which allows different institutions, often branches of government, to each select a specific number of judges to the court. This book investigates how the mixed selection method operates in practice on the Chilean Constitutional Tribunal, and the Colombian Constitutional Court. Separate institutions choose different types of constitutional adjudicators to these two courts who in turn have different propensities for vetoing or striking down laws. The presence of different types of judges appearing on any case and quorum rules inform individual judges' votes and decisions of the full court. Studying the relationship between judges' selector and court composition provides a new approach to understanding individual and aggregate judicial behavior on mixed selection courts. The study employs statistical methods on original vote and case level data and analyzes legislative histories, cases, and information gleaned from interviews to understand decision-making under this selection method. The study has implications related to how judicial selection and other institutional rules influence policy."--
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Specificații

ISBN-13: 9781316512319
ISBN-10: 1316512312
Pagini: 300
Dimensiuni: 159 x 235 x 20 mm
Greutate: 0.6 kg
Ediția:Nouă
Editura: Cambridge University Press
Colecția Cambridge University Press
Seria Comparative Constitutional Law and Policy

Locul publicării:New York, United States

Cuprins

1. Introduction; 2. The implications of mixed judicial selection on decision-making; 3. Mixed judicial selection: prevalence and variation; 4. The Chilean Constitutional Tribunal in political context; 5. The Colombian Constitutional Court in political context; 6. Determinants of legal invalidation by constitutional judges; 7. Determinants of legal invalidation by constitutional courts; 8. Weak judicial vetoes and contentious politics; 9. Conclusion: Judicial selection and decision-making.

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Descriere

Provides an innovative study of how mixed judicial selection operates to influence judges' and courts' decisions.