Browsing by Subject "Courts"
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Item Democratic governance and the courts : the political sources of the judicialization of public policy in Argentina(2011-08) Ryan, Daniel Eduardo; Brinks, Daniel M., 1961-; Hunter, Wendy; Madrid, Raul; Perry, H. W.; Werksman, Jacob; Weyland, KurtThe purpose of this dissertation is to examine under what political conditions public policy issues are likely to become judicialized in Argentina. This study shows that the most widespread theoretical explanation, the loser argument, is too general and does not provide much analytical insight about the relationship between the political context and the judicialization of policy. Meanwhile, other explanations developed by the literature, mainly the politically disadvantaged group and the fragmented legislative power, although theoretically valid, have a limited empirical coverage and cannot fully explain the phenomenon of policy judicialization in Argentina. Taking into account the limitations and contributions of the existing theories, the theoretical argument of this dissertation is predicated upon the idea that there are various, alternative political scenarios under which judicialization is likely to occur. In other words, there is not just one, but several, different political conditions or combinations of conditions that might trigger the involvement of courts in public policy. Within this conceptual framework, the dissertation argues that policy disputes are likely to become judicialized under two political scenarios which have not been considered by the existing literature: first, when the state apparatus is unable to implement or enforce policy goals and mandates already approved by the political branches of government, and second, when the political elites in charge of the executive do not fully support existing policy mandates, and the legislature is too passive or deferential to the government regarding that policy issue. In these types of political contexts, social actors are likely to judicialize their policy claims. To assess these arguments, the dissertation develops a qualitative comparative analysis (QCA) of 13 major policy conflicts that occurred in Argentina during the last two decades, complemented by case studies. As a result of my analysis, I identify three combinations of political conditions that are sufficient to trigger the judicialization of policy in Argentina. Two of these combinations clearly fit with my theoretical argument and expectations about what political scenarios are likely to lead to policy judicialization, while the third combination closely reflects the political disadvantage argument.Item Îles de France : law and empire in the French Atlantic and Indian Oceans, 1680-1780(2013-04-19) Wood, Laurie Marie; Hardwick, Julie, 1962-; Olwell, Robert, 1960-; Kamil, Neil; Deans-Smith, Susan; Garrigus, John"Îles de France: Law and Empire in the French Atlantic and Indian Oceans, 1680-1780," explores the global dimensions of France’s early modern empire, from “îles” of France like Martinique in the Atlantic and Mauritius (then “Île de France”) in the Indian Ocean to the Parisian core known also as “Île de France.” This empire was anchored by a legal geography of courts known as conseil supérieurs that were established in metropolitan frontier regions like Alsace and new colonies like Martinique and Île de France. In each of these local jurisdictions, French subjects worked out solutions to problems, like bankruptcy and shipwreck, and resisted political threats, like re-enslavement and banishment. Legal practices like court cases and interjudicial correspondence conducted in imperial institutions, especially the conseils, allowed colonial and metropolitan residents to participate in a global community during an era of rapid change from 1680 to 1780. Conseil records capture ideas and practices about law, society, and culture in the lives of those who participated, willingly or not, in France’s overseas empire. I argue that state-building processes like social collaboration and judicial negotiation that have hitherto been considered in European contexts actually occurred on a global scale through the parallel creation and development of courts and legal tools in Europe and overseas colonies. This study thus contributes new insights to work on political processes, legal regimes, and comparative imperialism.Item Strategy of reform : courts, politics, and policy reform in Texas(2012-12) McEwan, Jennifer Reynolds; Perry, H. W.; Brinks, Daniel; Levinson, Sanford; Sparrow, Bartholomew; Ellis, DavidWhen, how, and why do policy makers and reformers use courts and legal procedures to achieve their policy ends? This project explores the relationship of courts to the process of policy reform in Texas. I predict that reformers within this context utilize judicial and quasi-judicial strategies in different ways than the current literature suggests, that is that courts and legislatures are used interdependently to advance a policy goal. This line of inquiry enhances our understanding of the relationship of courts to policy reform as it contemplates reformers utilizing court based reform strategies in ways other than a court ruling in their favor and producing the desired policy end. This study also contemplates courts in the policy making arena as more than just one static institution; rather, court based strategies can and do encompass other quasi-judicial institutions available to reformers to advance their policy objectives. Through an in-depth case study analysis of reform in the areas of the scope of practice battle between engineers and architects, transportation infrastructure funding, and voter ID, I find that reformers, constrained by the overall opportunity structures available, choose a set of strategies that utilize multiple venues in ways that strengthen each other, so that their strategies are not just alternative or sequential but interdependent.