[Hamp-law] Upcoming Talk: Judges for Democracy in Latin Europe and Latin America
Flavio Risech
frisech at hampshire.edu
Tue Apr 18 19:24:28 EDT 2006
In conjunction with the UMass Latin American Graduate Students
Organization, the UMass Law & Society Initiative is proud to welcome
Professor Lisa Hilbink of the University of Minnesota Department of
Political Science. Her talk, "Politicizing Law to Liberalize
Politics: Judges for Democracy in Latin Europe and Latin America,"
will take place in 301 Gordon Hall on April 27th from 4:00 to 5:30
p.m. Gordon Hall is located at 418 N. Pleasant Street in Amherst.
Talk summary:
In recent years, democratic activists in countries around the globe
have increasingly turned to judges to uphold the rights and rule of
law principles now thought to be integral to the health and
stability, and perhaps even emergence, of democratic regimes. Yet
theorists remain far from understanding when and why judges will
prove willing and able to live up to such expectations. The
traditional legalist view is that to support both the rule of law and
democracy, judges must remain apolitical. Based on in-depth research
on judicial behavior under democratic and authoritarian regimes in
Chile, Hilbink challenges this view, arguing not simply that judicial
apoliticism is impossible, but that a construction of the judicial
role as apolitical discourages precisely the attitudes and practices
necessary for judges to take stands in defense of rights and the rule
of law. As it so happens, this view is shared by a transnational
movement of judges in civil law countries who call themselves "Judges
for Democracy." Hilbink will discuss her comparative research on
these groups in Latin America and Latin Europe, focusing in
particular on how such a group was willing and able to mobilize in
Spain, beginning in the late 1960s, but has not gained any traction
in Chile.
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