國立虎尾科技大學 |

Judges beyond politics in democracy and dictatorship : = lessons from Chile /

Record Type:	Language materials, printed : Monograph/item
Title/Author:	Judges beyond politics in democracy and dictatorship :/ Lisa Hilbink.
Reminder of title:	lessons from Chile /
remainder title:	Judges beyond Politics in Democracy & Dictatorship
Author:	Hilbink, Lisa,
Description:	1 online resource (xvi, 299 pages) :digital, PDF file(s). :
Notes:	Title from publisher's bibliographic system (viewed on 08 Oct 2015).
Subject:	Justice, Administration of - History. - Chile -
Online resource:	https://doi.org/10.1017/CBO9780511511509
ISBN:	9780511511509 (ebook)

Judges beyond politics in democracy and dictatorship : = lessons from Chile /
Hilbink, Lisa,1967-

Judges beyond politics in democracy and dictatorship :lessons from Chile /Judges beyond Politics in Democracy & DictatorshipLisa Hilbink. - 1 online resource (xvi, 299 pages) :digital, PDF file(s). - Cambridge studies in law and society. - Cambridge studies in law and society..

Title from publisher's bibliographic system (viewed on 08 Oct 2015).

Table of Contents Introduction Overview of the Argument Methodology and Data Reporting Plan of the Book Chapter One: The Judiciary, the Rule of Law, and Democracy: Aspirations and Impediments The Judicial Role in Democracy and Democratization So Why Bother with Judges? The Roots of Judicial Behavior in General Judicial Behavior in Illiberal Contexts: Specific Hypotheses The Regime-related Explanation The Attitudinal Explanation The Class-based Explanation The Legal Theory Explanation The Institutional Argument Chapter Two: The Institutional Construction of the Judicial Role in Chile Law and Courts in Colonial Times and Early Independence Law and Courts under the Portalian Republic Law and Courts before and during the Parliamentary Republic The Judiciary in the Constitutional Transition: 1924 -- 32 The Development of Conservative Judicial Activism from 1932 to the 1960s Conclusion Chapter Three:Conservative Activism in the Heyday of Democracy, 1964 -- 1973 The Judicial Role in the Frei and Allende Years Explaining the Judicial Role under Frei and Allende Conclusion Chapter Four: Legitimizing Authoritarianism, 1973 -- 1990 Part I: 1973 -- 1980: "The Rule of Law Show" The Military Government's Approach to Law Judicial Response to Military Law and Policy Habeas Corpus (Amparo) Review of Military Court Decisions Constitutional Review (Inaplicabilidad por Inconstitucionalidad) The New Constitutional Review Mechanism: Recurso de Protección High Profile Public Law Cases Summary, 1973 -- 1980 Part II: 1981 -- 1990: The "New Institutional Order" The Military Government's Approach to Law The Judicial Response to Military Law and Policy Habeas Corpus (Amparo)170 Constitutional Review I: Recursos de Protección174 Constitutional Review (Inaplicabilidad por Inconstitucionalidad) High Profile Public Law Cases Summary, 1973 -- 1980 Part III: Explaining the Judicial Role under Pinochet Regime-related Factors Political Attitudes and Preferences Legal Philosophy Institutional Structure and Ideology Conclusion Chapter Five: Continuity and Change after the Return to Democracy, 1990 -- 2000 Democratic-Era Efforts to Liberalize Law and Justice The Judicial Role in the 1990s Decisions in Authoritarian-Era Rights Cases Decisions in Post-Authoritarian Rights Cases Explaining the Judicial Role in the New Democracy Conclusion Chapter Six: Conclusions and Implications Institutionalized Apoliticism Institutionalized Apoliticism in Comparative Perspective Broader Implications of the Argument The Limits of Judicial Independence Institutions as Rules AND Roles In Defense of Political Courts Appendix A: Orienting Information on Chilean Law and Courts Appendix B: List of Interviewees (alphabetical by category) References.

Why did formerly independent Chilean judges, trained under and appointed by democratic governments, facilitate and condone the illiberal, antidemocratic, and anti-legal policies of the Pinochet regime? Challenging the assumption that adjudication in non-democratic settings is fundamentally different and less puzzling than it is in democratic regimes, this 2007 book offers a longitudinal analysis of judicial behavior, demonstrating striking continuity in judicial performance across regimes in Chile. The work explores the relevance of judges' personal policy preferences, social class, and legal philosophy, but argues that institutional factors best explain the persistent failure of judges to take stands in defense of rights and rule of law principles. Specifically, the institutional structure and ideology of the Chilean judiciary, grounded in the ideal of judicial apoliticism, furnished judges with professional understandings and incentives that left them unequipped and disinclined to take stands in defense of liberal democratic principles, before, during, and after the authoritarian interlude.

ISBN: 9780511511509 (ebook)Subjects--Topical Terms:

801611
Justice, Administration of
--History.--Chile

LC Class. No.: KHF2500 / .H55 2007

Dewey Class. No.: 347.83/014

Judges beyond politics in democracy and dictatorship : = lessons from Chile /
LDR:05033nam a2200337 i 4500 001 1124209
003 UkCbUP
005 20151014101644.0
006 m|||||o||d||||||||
007 cr||||||||||||
008 240926s2007||||enk o ||1 0|eng|d
020 $a 9780511511509 (ebook)
020 $z 9780521876643 (hardback)
020 $z 9781107402362 (paperback)
035 $a CR9780511511509
040 $a UkCbUP $b eng $e rda $c UkCbUP
043 $a s-cl---
050 0 0 $a KHF2500 $b .H55 2007
082 0 0 $a 347.83/014 $2 22
100 1 $a Hilbink, Lisa, $d 1967- $e author. $3 1441597
245 1 0 $a Judges beyond politics in democracy and dictatorship : $b lessons from Chile / $c Lisa Hilbink.
246 3 $a Judges beyond Politics in Democracy & Dictatorship
264 1 $a Cambridge : $b Cambridge University Press, $c 2007.
300 $a 1 online resource (xvi, 299 pages) : $b digital, PDF file(s).
336 $a text $b txt $2 rdacontent
337 $a computer $b c $2 rdamedia
338 $a online resource $b cr $2 rdacarrier
490 1 $a Cambridge studies in law and society
500 $a Title from publisher's bibliographic system (viewed on 08 Oct 2015).
505 0 $a Table of Contents Introduction Overview of the Argument Methodology and Data Reporting Plan of the Book Chapter One: The Judiciary, the Rule of Law, and Democracy: Aspirations and Impediments The Judicial Role in Democracy and Democratization So Why Bother with Judges? The Roots of Judicial Behavior in General Judicial Behavior in Illiberal Contexts: Specific Hypotheses The Regime-related Explanation The Attitudinal Explanation The Class-based Explanation The Legal Theory Explanation The Institutional Argument Chapter Two: The Institutional Construction of the Judicial Role in Chile Law and Courts in Colonial Times and Early Independence Law and Courts under the Portalian Republic Law and Courts before and during the Parliamentary Republic The Judiciary in the Constitutional Transition: 1924 -- 32 The Development of Conservative Judicial Activism from 1932 to the 1960s Conclusion Chapter Three:Conservative Activism in the Heyday of Democracy, 1964 -- 1973 The Judicial Role in the Frei and Allende Years Explaining the Judicial Role under Frei and Allende Conclusion Chapter Four: Legitimizing Authoritarianism, 1973 -- 1990 Part I: 1973 -- 1980: "The Rule of Law Show" The Military Government's Approach to Law Judicial Response to Military Law and Policy Habeas Corpus (Amparo) Review of Military Court Decisions Constitutional Review (Inaplicabilidad por Inconstitucionalidad) The New Constitutional Review Mechanism: Recurso de Protección High Profile Public Law Cases Summary, 1973 -- 1980 Part II: 1981 -- 1990: The "New Institutional Order" The Military Government's Approach to Law The Judicial Response to Military Law and Policy Habeas Corpus (Amparo)170 Constitutional Review I: Recursos de Protección174 Constitutional Review (Inaplicabilidad por Inconstitucionalidad) High Profile Public Law Cases Summary, 1973 -- 1980 Part III: Explaining the Judicial Role under Pinochet Regime-related Factors Political Attitudes and Preferences Legal Philosophy Institutional Structure and Ideology Conclusion Chapter Five: Continuity and Change after the Return to Democracy, 1990 -- 2000 Democratic-Era Efforts to Liberalize Law and Justice The Judicial Role in the 1990s Decisions in Authoritarian-Era Rights Cases Decisions in Post-Authoritarian Rights Cases Explaining the Judicial Role in the New Democracy Conclusion Chapter Six: Conclusions and Implications Institutionalized Apoliticism Institutionalized Apoliticism in Comparative Perspective Broader Implications of the Argument The Limits of Judicial Independence Institutions as Rules AND Roles In Defense of Political Courts Appendix A: Orienting Information on Chilean Law and Courts Appendix B: List of Interviewees (alphabetical by category) References.
520 $a Why did formerly independent Chilean judges, trained under and appointed by democratic governments, facilitate and condone the illiberal, antidemocratic, and anti-legal policies of the Pinochet regime? Challenging the assumption that adjudication in non-democratic settings is fundamentally different and less puzzling than it is in democratic regimes, this 2007 book offers a longitudinal analysis of judicial behavior, demonstrating striking continuity in judicial performance across regimes in Chile. The work explores the relevance of judges' personal policy preferences, social class, and legal philosophy, but argues that institutional factors best explain the persistent failure of judges to take stands in defense of rights and rule of law principles. Specifically, the institutional structure and ideology of the Chilean judiciary, grounded in the ideal of judicial apoliticism, furnished judges with professional understandings and incentives that left them unequipped and disinclined to take stands in defense of liberal democratic principles, before, during, and after the authoritarian interlude.
650 0 $a Justice, Administration of $z Chile $x History. $3 801611
650 0 $a Judges $z Chile $x History. $3 801609
650 0 $a Judicial power $z Chile $x History. $3 801610
650 0 $a Law reform $z Chile $x History. $3 801612
650 0 $a Democracy $z Chile $x History. $3 801608
650 0 $a Constitutional history $z Chile. $3 802408
776 0 8 $i Print version: $z 9780521876643
830 0 $a Cambridge studies in law and society. $3 1238277
856 4 0 $u https://doi.org/10.1017/CBO9780511511509