Book contents
- Judicial Vetoes
- Comparative Constitutional Law and Policy
- Judicial Vetoes
- Copyright page
- Dedication
- Contents
- Figures
- Tables
- Acknowledgments
- 1 Introduction
- 2 The Implications of Mixed Judicial Selection on Decision-Making
- 3 Mixed Judicial Selection
- 4 The Chilean Constitutional Tribunal in Political Context
- 5 The Colombian Constitutional Court in Political Context
- 6 Determinants of Legal Invalidation by Constitutional Judges
- 7 Determinants of Legal Invalidation by Constitutional Courts
- 8 Weak Judicial Vetoes and Contentious Politics
- 9 Conclusion
- Appendices
- References
- Index
6 - Determinants of Legal Invalidation by Constitutional Judges
Published online by Cambridge University Press: 22 July 2022
- Judicial Vetoes
- Comparative Constitutional Law and Policy
- Judicial Vetoes
- Copyright page
- Dedication
- Contents
- Figures
- Tables
- Acknowledgments
- 1 Introduction
- 2 The Implications of Mixed Judicial Selection on Decision-Making
- 3 Mixed Judicial Selection
- 4 The Chilean Constitutional Tribunal in Political Context
- 5 The Colombian Constitutional Court in Political Context
- 6 Determinants of Legal Invalidation by Constitutional Judges
- 7 Determinants of Legal Invalidation by Constitutional Courts
- 8 Weak Judicial Vetoes and Contentious Politics
- 9 Conclusion
- Appendices
- References
- Index
Summary
Politicians choose mixed selection generally because such systems allow government and sometimes other institutions to have a voice on constitutional courts and to diversify the deliberative process. An extensive review of legislative histories reveals that policymakers in both Chile and Colombia chose mixed selection methods for their constitutional courts to create a balance or equilibrium of voices representing different political branches on the courts themselves. To more fully understand how the debates about selection are reflected in judicial behavior, this chapter focuses on how mixed selection methods operate in practice to influence judges’ decisions to veto or strike down laws as unconstitutional.
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- Information
- Judicial VetoesDecision-making on Mixed Selection Constitutional Courts, pp. 135 - 169Publisher: Cambridge University PressPrint publication year: 2022