Checks and Balances in New Democracies: the Role of the Judiciary in the Chilean and Mexican Transitions: a Comparative Analysis
Checks and Balances in New Democracies: The Role of the Judiciary in the Chilean and Mexican Transitions: A Comparative Analysis Nibaldo H. Galleguillos McMaster University Hamilton, Ontario Prepared for delivery at the 1997 meeting of the Latin American Studies Association, Continental Plaza Hotel, Guadalajara, Mexico April 17-19, 1997 Checks and Balances in New Democracies: The Role of the Judiciary in the Chilean and Mexican Transitions: A Comparative Analysis (Not a final draft as of yet. Comments are welcome. Can be quoted) INTRODUCTION The literature on democratic transition in Latin America has analysed several important aspects of the transition to liberal democracy, including constitutional reforms (O’Malley, 1991); electoral reforms and elections (Tagle, 1993); the roles of legislatures (Close, 1995); the development of grassroots democratic experiences (Escobar & Alvarez, 1993; Jaquette, 1994); civil-military relations (Loveman, 1978; Rouquieu, 1982; Skidmore, 1988; Stepan, 1988); the transformations experienced by the labour movement (Middlebrook, 1995; Valenzuela, 1983) ; the role of the church (Fleet, 1985), and, above all, the implications of profound neo-liberal economic transformations (Halebsky & Harris, 1995; O’Brian & Roddick, 1983; Petras & Leiva, 1994). Noticeably missing from the literature is the study and analysis of the social and political consequences of the role that the judiciary has been playing in the said democratic transition. Although constant references are made to the systematic violations of human rights (Americas Watch, 1995; Amnesty International, 1993) that characterized the dictatorial military regime of General Augusto Pinochet in Chile, as well as the repression of civil and political rights under the authoritarian Mexican political regime (U.S. Department of State 1995 and 1996 Human Rights Reports on Mexico), scholars and authors have not directly scrutinized the rationale behind the judiciary’s failure to enforce such liberal rights as the right to life, freedom of expression, freedom of association, etc.
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