The constituted nature of constituents' interests: Historical and ideational factors in judicial empowerment

Lisa Hilbink

Research output: Contribution to journalArticlepeer-review

21 Scopus citations

Abstract

Through an analysis of constitutional transitions in one democratizing case (Spain 1978) and one authoritarian case (Chile 1980), this article argues that judicial empowerment can be accurately explained only through reference to the historical and ideational context in which institutional designers operate. Historical and ideational factors-that is, shared experiences, beliefs, identities, ideologies, and interpretations of events and sequences of events at home or abroad-shape the way that political actors perceive their interests, formulate their strategies, and justify their decisions and are thus crucial to explaining when, why, and how institutional designers choose to empower courts.

Original languageEnglish (US)
Pages (from-to)781-797
Number of pages17
JournalPolitical Research Quarterly
Volume62
Issue number4
DOIs
StatePublished - Dec 1 2009

Keywords

  • Chile
  • Constitutional courts
  • Institutional design
  • Judicial empowerment
  • Judicial review
  • Spain

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