Courts under Constraints: Judges, Generals, and Presidents - download pdf or read online
By Gretchen Helmke
Even though it has been a while on the grounds that i've got learn this e-book, I nonetheless reflect on every now and then Helmke's advent of the idea that of strategic defection. The proposal that judges could, out of self-interest, rule opposed to sitting executives which will sign to incoming executives is particularly fascinating. Helmke's arguments, together with use of video game theoretical types to demonstrate issues, make for a compelling case. I hugely suggest this e-book.
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Extra info for Courts under Constraints: Judges, Generals, and Presidents in Argentina
3 Modifying the Separation-of-Powers Approach Within the standard separation-of-powers literature, simple spatial models illustrate the strategic interaction between judges and politicians. Although the details of these models vary according to whether presidents, congresses, or agencies are given the last word, all employ three basic elements: r A ﬁxed sequential structure involving a one- or two-dimensional policy space r An assumption that actors’ preferences are single-peaked r An assumption that actors have complete and perfect information.
Focusing on a single country also enabled me to conduct the type and quality of research that are necessary for testing explanations that rely on a deep knowledge of actors’ preferences, motivations, information, expectations, and beliefs. , see Bates et al. 1998), this allowed me to trace the sequences of events under various governments and to pinpoint how actors’ beliefs and information about the constraints they faced evolved over time. 10 These interviews provide a rich store of information about the internal workings of the Supreme Court as well as a trove of evidence regarding various actors’ views about the evolving dynamics between the Court and other institutions, particularly the executive.
The next four sections then examine informally the various assumptions on which the logic of strategic defection rests, including judges’ motivations, judges’ information about the incoming government, and the number of sanctioning players required to punish judges. 1 The Standard Strategic Account In contrast to legalistic accounts that assume apolitical judges and approaches that focus solely on judges’ attitudes and ideologies, the standard strategic approach treats judges as rational decision makers who are constrained by other institutional actors.
Courts under Constraints: Judges, Generals, and Presidents in Argentina by Gretchen Helmke