University of Wisconsin–Madison

Tag: Brazil

Meyer (2018), “Judges and Courts Destabilizing Constitutionalism: The Brazilian Judiciary Branch’s Political and Authoritarian Character.”

Posted on

Emilio Peluso Neder Meyer, “Judges and Courts Destabilizing Constitutionalism: The Brazilian Judiciary Branch’s Political and Authoritarian Character.” German Law Journal, vol. 19, no. 4 (2018): 727–68.  Summary: Contemporary democracies may confront several instances of exceptions that co-exist with constitutional institutions; they are never free from any risks. This Article relies on recent Brazilian judicial experiences …

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

Posted on

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 …

Moustafa (2007), “The Politics of Domination: Law and Resistance in Authoritarian States.”

Posted on

Tamir Moustafa. “The Politics of Domination: Law and Resistance in Authoritarian States,” Chapter. In The Struggle for Constitutional Power: Law, Politics, and Economic Development in Egypt. 19–56. Cambridge: Cambridge University Press, 2007. Summary: The thought of judicial institutions in authoritarian states typically conjures up the image of state security courts with no standards of due process, handpicked …