9780804758116

Judging Policy

by
  • ISBN13:

    9780804758116

  • ISBN10:

    0804758115

  • Format: Hardcover
  • Copyright: 2008-02-26
  • Publisher: Stanford Univ Pr
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Summary

Courts, like other government institutions, shape public policy. But how are courts drawn into the policy process, and how are patterns of policy debate shaped by the institutional structure of the courts? Drawing on the experience of the Brazilian federal courts since the transition to democracy,Judging Policyexamines the factors that drive policy actors to employ courts. During a period of energetic policy reform, the high salience of many policies, combined with the conducive institutional structure of the judiciary, ensured that Brazilian courts would become an important institution at the heart of the policy process. The Brazilian case thus challenges the notion that Latin America's courts have been uniformly pliant or ineffectual, with little impact on politics and policy outcomes. Judging Policyalso inserts the judiciary into the scholarly debate regarding executive-legislative and majority-minority relations in Latin America's largest and richest nation. By analyzing the full Brazilian federal court systemincluding not only the high court, but also trial and appellate courtsthe book develops a framework with cross-national implications for understanding how courts may influence policy actors' political strategies and the distribution of power within political systems.

Author Biography

Matthew M. Taylor is Assistant Professor of Political Science at the University of São Paulo. This is his first book.

Table of Contents

Figures and Tablesp. ix
Acknowledgmentsp. xi
Abbreviationsp. xiii
Courts and Public Policy Reform in Brazilp. 1
The Puzzling Policy Influence of Brazil's Federal Courtsp. 13
Policy Type and Judicial Contestationp. 48
The Supreme Federal Tribunal and Veto Players in Brazilian Politicsp. 72
Judicial Contestation of Policy: Political Partiesp. 90
Judicial Contestation of Policy: The OABp. 109
Courts in the Policy Process: Pension Reform in Cross-National Perspectivep. 132
Conclusionp. 153
Notesp. 167
Referencesp. 197
Indexp. 221
Table of Contents provided by Ingram. All Rights Reserved.

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