Judges beyond Politics in Democracy and Dictatorship: Lessons from Chile (Cambridge Studies in Law and Society) [Hardcover]

Lisa Hilbink (Author)

Book Description

ISBN-10: 0521876648 | ISBN-13: 978-0521876643 | Publication Date: July 23, 2007 | Edition: 1

A longitudinal case study of Chile that assesses competing hypotheses regarding judicial behavior in both democratic and undemocratic contexts, this book explores the relevance of regime-related factors, judges' personal policy preferences, social class, and legal philosophy, but argues that institutional features grounded in the ideal of "apoliticism" best explain the persistent failure of Chilean judges to take stands in defense of rights and rule of law principles, before, during, and after the authoritarian interlude. Dr. Hilbink offers comparative examples to support broader theoretical claims about when judges will be willing and able to assert their independence against abuses of public power.

Editorial Reviews

Review

"...The book's content nicely reflects the decade of research the author devoted to the project. It provides an historically rich yet accessible account of the Chilean judiciary's role in politics across two centuries, derived from careful archival work and more than one hundred interviews with scholars, justice ministers and judges. JUDGES BEYOND POLITICS can be used effectively in both undergraduate and graduate courses on law and politics, Latin American politics, or political institutions....JUDGES BEYOND POLITICS represents an excellent contribution to the literature on comparative judicial politics. The argument is highly plausible, and Hilbink's efforts to rule out alternative explanations are extremely persuasive. This is clearly a must read for anyone in judicial politics who focuses on Latin America."
--Jeffrey K. Staton, Emory University, Law and Politics Book Review


"...Hilbink, a political scientist, enriches the sparse literature in this area of scholarship with her meticulously researched work....Judges sheds light on a variety of critical questions at the intersection of democratic theory, law, and political science;....clarity and comprehensiveness of her research is impressive..."
--The yale Journal of International Law


"...this book adds a new element to this frequently studied period of Chilean history. Hilbink makes a convincing case for the need to look at institutional dynamics in understanding judicial behavior and identities. It will be of interest to both political scientists and historians for its contributions to the study of the dynamics between law, high politics, and civil society."
--Vanessa Walker, H-Human-Rights, H-Net Reviews; December, 2008

Book Description

This 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.

See all Editorial Reviews

Product Details

• Hardcover: 316 pages
• Publisher: Cambridge University Press; 1 edition (July 23, 2007)
• Language: English
• ISBN-10: 0521876648
• ISBN-13: 978-0521876643
• Product Dimensions: 9.1 x 6.4 x 1 inches
• Shipping Weight: 1.2 pounds (View shipping rates and policies)
• Average Customer Review: 5.0 out of 5 stars  See all reviews (1 customer review)
• Amazon Best Sellers Rank: #1,641,016 in Books (See Top 100 in Books)

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1 of 1 people found the following review helpful:

5.0 out of 5 stars Thought-provoking, April 13, 2011

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Enjolras (Washington, DC) - See all my reviews
(TOP 1000 REVIEWER)    (VINE VOICE)   

This review is from: Judges beyond Politics in Democracy and Dictatorship: Lessons from Chile (Cambridge Studies in Law and Society) (Hardcover)

Lisa Hilbink's Judges beyond Politics in Democracy and Dictatorship provides a thought-provoking account of the judiciary in Chile and why this "independent" court failed to protect human rights during the Pinochet era. Her argument is that the hierarchical and bureaucratic nature of the judiciary allowed senior conservative judges to keep the rest of the judges in line with their "apolitical" ideology. Moreover, judges exhibited pro-conservative tendencies even before and after Pinochet, indicating a deeper structural problem than simply fear of the military.

Hilbink's work raises a larger question of what judicial independence actually means. In Chile, the courts were formally independent from the government - and by Hilbink's account seldom overtly pressured - yet within the judiciary judges were not independent. It's an interesting question - one rule of law advocates ought pay closer attention to.

One gap is that she barely discusses the Constitutional Tribunal. The Tribunal was composed of several members appointed by the Supreme Court, yet it actually ruled against the Pinochet regime in key cases. This seems like an interest test of her theory - i.e., placing judges in a different institutional context will yield different results. It merits further exploration. Otherwise, this is a very useful book for anyone in the field of judicial politics.