| 作者简介： Lisa Hilbink is a two-time Fulbright grantee to Chile and Spain. From 2000 to 2003, she was Post-Doctoral Fellow in the Princeton University Society of Fellows and Lecturer at the Woodrow Wilson School of Public and International Affairs. Her doctoral thesis, upon which this book is based, won the Best Dissertation Award for 1999/2000 from the Western Political Science Association. Dr Hilbink is a member of the American Political Science Association, the Law and Society Association, and the Latin American Studies Association. She is now Assistant Professor at the University of Minnesota, Twin Cities. |
| Acknowledgments Introduction Overview of the Argument Methodology and Data Reporting Plan of the Book 1 The Judiciary, the Rule of Law, and Democracy: Aspirations and Impediments The Judicial Role in Democracy and Democratization So Why Bother with Judges? The Roots of Judicial Behavior in General Judicial Behavior in Illiberal Contexts: Specific Hypotheses The Regime-Related Explanation The Attitudinal Explanation The Class-Based Explanation The Legal Theory Explanation The Institutional Argument 2 The Institutional Construction of the Judicial Role in Chile Law and Courts in Colonial Times and in Early Independence Law and Courts under the Portalian Republic Law and Courts before and during the Parliamentary Republic The Judiciary in Constitutional Transition and Dictatorship The Development of Conservative Judicial Activism from 1932 to the 1960s Conclusion 3 Conservative Activism in the Heyday of Democracy, 1964–1973 The Judicial Role in the Frei and Allende Years Explaining the Judicial Role under Frei and Allende Conclusion 4 Legitimizing Authoritarianism, 1973–1990 PART I: 1973–1980: “THE RULE OF LAW SHOW” The Military Government’s Approach to Law (1973–1980) The Judicial Response to Military Law and Policy (1973–1980) Habeas Corpus (Amparo) Review of Military Court Decisions Constitutional Review (Inaplicabilidad por Inconstitucionalidad) The New Constitutional Review Mechanism: Recurso de Protección High-Profile Public Law Cases Summary, 1973–1980 PART II: 1981–1990: THE “NEW INSTITUTIONAL ORDER” The Military Government’s Approach to Law (1981–1990) The Judicial Response to Military Law and Policy (1981–1990) Habeas Corpus (Amparo) Constitutional Review I: Recursos de Protección Constitutional Review II: Inaplicabilidad por Inconstitucionalidad High-Profile Public Law Cases Summary, 1981–1990 PART III: EXPLAINING THE JUDICIAL ROLE UNDER PINOCHET, 1973–1990 Regime-Related Factors Political Attitudes and Preferences Legal Philosophy Institutional Structure and Ideology Conclusion 5 Continuity and Change after the Return to Democracy, 1990–2000 Democratic-Era Efforts to Liberalize Law and Justice The Judicial Role in the 1990s Decisions in Authoritarian-Era Rights Cases Decisions in Postauthoritarian Rights Cases Explaining the Judicial Role in the New Democracy Conclusion 6 Conclusions and Implications Institutionalized Apoliticism Institutionalized Apoliticism in Comparative Perspective Broader Implications of the Argument The Limits of Judicial Independence Institutions as Rules and Roles In Defense of Political Courts Appendix A:Orienting Information on Chilean Law and Courts Appendix B:List of Interviewees (alphabetical by category) References Index |
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