University of Wisconsin–Madison

Tag: Argentina

Garcia-Holgado, Urribarri (2024), “The Dark Side of Legalism: Abuse of the Law and Democratic Erosion in Argentina, Ecuador, and Venezuela.”

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Benjamin Garcia-Holgado and Raul Sanchez Urribarri, “The Dark Side of Legalism: Abuse of the Law and Democratic Erosion in Argentina, Ecuador, and Venezuela.” American Behavioral Scientist, vol. 68, no. 12 (August 2024): 60-66.  Summary: Why do some elected leaders use legalistic strategies to undermine democracy from within? And under what conditions do they succeed in …

Garcia-Holgado (2025), “Overruling the Executive: Judicial Strategies to Resist Democratic Erosion.”

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Benjamin Garcia-Holgado, “Overruling the Executive: Judicial Strategies to Resist Democratic Erosion.” Journal of Laws and Courts, vol. 13, no.1 (April 2025): 274-303. Summary: How can autonomous apex courts with specific attitudes and role conceptions counter executive aggrandizement? This article theorizes two causal mechanisms through which justices can resist democratic erosion. The first mechanism involves apex courts …

Pereira (2008), “Of Judges and Generals: Security Courts under Authoritarian Regimes in Argentina, Brazil, and Chile”

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Anthony W Pereira. “Of Judges and Generals: Security Courts under Authoritarian Regimes in Argentina, Brazil, and Chile,” In Rule by Law: The Politics of Courts in Authoritarian Regimes. Edited by Tom Ginsburg and Tamir Moustafa, 23–57. Cambridge: Cambridge University Press, 2008. Summary: Few academic studies have taken the law and legal institutions under authoritarian regimes …

Osiel (1995), “Dialogue with Dictators: Judicial Resistance in Argentina and Brazil,”

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Mark J. Osiel, “Dialogue with Dictators: Judicial Resistance in Argentina and Brazil.” Law & Social Inquiry, vol. 20, no. 2 (1995): 481-560.  Summary: This article explores how judges respond to authoritarian pressure by analyzing judicial behavior under military rule in Argentina and Brazil. It investigates whether particular theories of legal interpretation—such as positivism, legal realism, or …