Description
Book SynopsisThis book examines different hypotheses about Chilean judicial behavior before, during, and after the authoritarian interlude. The book explores arguments based on judges' personal policy preferences, social class, and legal philosophy, but contends that institutional features, grounded in the ideal of 'apoliticism', best explain judges' conservative and conformist conduct.
Trade ReviewReview of the hardback: '… thoughtful, engaging study … Judges beyond Politics is a beautifully written, succinct and engaging book that should be read by those interested in Chilean political history as well as students of law and politics, comparative politics, and human rights.' Journal of Latin American Studies
Review of the hardback: '… the best available book on why Chile's judges have hitherto tended to facilitate and condone illiberal, antidemocratic, and anti-legal policies, and why these tendencies persist with respect to civil rights in general, beyond the Pinochet-era human rights cases.' Journal of Law and Society
Review of the hardback: 'Lisa Hilbink's new book, Judges beyond Politics in Democracy and Dictatorship: Lessons from Chile, responds to one of the central questions of … recent research: when will judges act to bolster democracy and individual rights and when will they act to bolster authoritarianism and impunity? She provides a compelling response to this question based on the Chilean case.' Journal of Politics
Table of ContentsIntroduction; 1. The judiciary, the rule of law, and democracy: aspirations and impediments; 2. The institutional construction and the judicial role in Chile; 3. Conservative activism in the heyday of democracy, 1964 to 1973; 4. Legitimizing authoritarianism, 1973 to 1990; 5. Continuity and change after the return of democracy, 1990 to 2000; 6. Conclusions and implications; Appendixes.
