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When and Why “Law” and “Reality” Coincide? De Jure and De Facto Judicial Independence in Mexico, Argentina, and Chile

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  • Loyo, Andrea Pozas
  • Figueroa, Julio Ríos

Abstract

Our central question is: Under what circumstances can we expect a theoretically informed and reproducible measure of judicial independence de jure to be a good proxy for what we can expect to happen in reality? We argue that whether the de jure measure can be considered a good proxy for, to overestimate or to underestimate, judicial independence in reality depends on the distribution of power among the ruling political groups. Having identified those political conditions, and what Supreme Court judges can expect from them, we explore what is the likely behavior of these judges regarding decisions on cases where the government violates the rule of law or horizontal accountability. Having laid out our theoretical expectations in six different scenarios, we proceed to illustrate them using Mexico Argentina, and Chile.

Suggested Citation

  • Loyo, Andrea Pozas & Figueroa, Julio Ríos, 2006. "When and Why “Law” and “Reality” Coincide? De Jure and De Facto Judicial Independence in Mexico, Argentina, and Chile," University of California at San Diego, Center for U.S.-Mexican Studies qt3h03344w, Center for U.S.-Mexican Studies, UC San Diego.
    • Handle: RePEc:cdl:usmexi:qt3h03344w
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    1. Landes, William M & Posner, Richard A, 1975. "The Independent Judiciary in an Interest-Group Perspective," Journal of Law and Economics, University of Chicago Press, vol. 18(3), pages 875-901, December.
    2. Mariano Tommasi & Matias Iaryczower & Pablo T. Spiller, 2002. "Judicial Decision Making in Unstable Environments, Argentina 1935-1998," Working Papers 30, Universidad de San Andres, Departamento de Economia, revised Oct 2002.
    3. Feld, Lars P. & Voigt, Stefan, 2003. "Economic growth and judicial independence: cross-country evidence using a new set of indicators," European Journal of Political Economy, Elsevier, vol. 19(3), pages 497-527, September.
    4. W. J. Henisz, 2000. "The Institutional Environment for Economic Growth," Economics and Politics, Wiley Blackwell, vol. 12(1), pages 1-31, March.
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