The Chilean Constitutional Court and the 2005 Reform: A Castling between Career Judges and Academics
Posted: 3 Aug 2013 Last revised: 11 Aug 2014
Date Written: July 1, 2013
Using an original methodology that mixes directional coding and Pritchett's correlations, this paper argues that the Chilean Constitutional Court is becoming more active in exercising its powers against the executive branch. We also argue, however, that any political analysis should proceed with caution. The trend has its origin in a constitutional reform in 2005 that substantially changed the mechanism to appoint the Court’s justices. However, the movement towards judicial activism seems to be related with the decreasing influence of the legalistic culture embodied in the Chilean judiciary and cannot be properly explained with classic attitudinal model.
Keywords: law & politics, judicial decision making, comparative constitutional law
JEL Classification: K19, K32, K42
Suggested Citation: Suggested Citation