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Begin New Search Content Type Journal Article Publishing Institution German Institute of Global and Area Studies Author Aldo Fernando Ponce

1. Evaluating Theories of Decision-making on the Peruvian Constitutional Tribunal

Author:
Aldo Fernando Ponce and Lydia Brashear Tiede
Publication Date:
09-2014
Content Type:
Journal Article
Institution:
German Institute of Global and Area Studies
Abstract:
High courts with abstract review powers to find laws unconstitutional may provide a strong check on other political actors and influence public policy if the judges in these courts are impartial decision makers. This paper tests existing judicial decision-making theories in relation to the behavior of judges on the Peruvian Constitutional Tribunal who are selected exclusively by Congress. Taking advantage of an original data set of judges' votes on the Tribunal, we find that the origin of the law and whether the enacting governments at the national and subnational levels are still in power at the time of judicial review are important determinants of judicial behavior. Judges' own political loyalties seem to have no perceived effect on decision making, which suggests that political affiliations are trumped by strategic concerns of judges due to the institutional design of the Tribunal as well as the political context in which it operates
Political Geography:
Peru

2. Ruling Against the Executive in Amparo Cases: Evidence from the Peruvian Constitutional Tribunal

Author:
Lydia Brashear Tiede and Aldo Fernando Ponce
Publication Date:
06-2011
Content Type:
Journal Article
Institution:
German Institute of Global and Area Studies
Abstract:
In this paper, we systematically analyze decisions made by the Peruvian Constitutional Tribunal from 1996 to 2006 in amparo cases, which significantly impact individual rights. We ask the following question: in these types of cases, what conditions led the Tribunal to assert itself against the executive? Through an analysis of Tribunal decisions during the presidencies of Alberto Fujimori and Alejandro Toledo, we find that the Tribunal is more likely to rule against the executive, as the public's confidence in the executive decreases and as the share of congressional seats of the president's party declines. Further, the Tribunal is more willing to decide cases against the executive in areas that most pervade its docket, specifically in the areas of pensions and employment. These findings add to the comparative and American judicial politics literature by showing that high courts, even relatively weak ones, follow politics, but that case subject area and prevalence may temper this tendency.
Political Geography:
Peru

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