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- Title
Judicial Vetoes: Decision-Making on Mixed Selection Constitutional Courts.
- Authors
Hernández-Huerta, Víctor
- Abstract
"Judicial Vetoes: Decision-Making on Mixed Selection Constitutional Courts" by Lydia Brashear Tiede explores why and when courts decide to declare laws unconstitutional. Tiede argues that the method of appointing members of high courts significantly shapes the nature of judicial decisions. The book focuses on the composition of courts with judges with different approaches to constitutional interpretation and how this affects their decisions. Tiede analyzes two constitutional courts in Latin America, the Colombian Constitutional Court and the Chilean Constitutional Tribunal, to examine the role of institutional design in judicial decisions. The book also highlights the connection between the ideas of institutional selectors and the judges' voting records, as well as the presence of panel effects on court-level decisions. The findings suggest that the mixed method of selecting court judges can lead to collegial decision-making and a broader perspective beyond partisan perspectives. Future research could explore the contexts in which political ideology or institutional selectors have a greater impact on judges' decisions. Additionally, the book raises questions about how the appointment process influences courts' propensity to strike down laws and the potential effects on the deliberation process. Overall, "Judicial Vetoes" offers a nuanced analysis of the contextual factors that shape judicial decisions and invites further inquiry into the role of institutional selectors in shaping judicial outcomes.
- Subjects
CONSTITUTIONAL courts; JUDICIAL process; JUDGES; APPELLATE courts; LEGAL judgments; DELIBERATION; MINDFULNESS
- Publication
Latin American Politics & Society, 2024, Vol 66, Issue 1, p199
- ISSN
1531-426X
- Publication type
Article
- DOI
10.1017/lap.2023.28