Andrea Castagnola, Gabriela Bonzi, Shirley Franco and Aníbal Pérez-Liñán (2024)
Judicial Activism in Comparative Perspective
A publication by Andrea Castagnola and her colleagues.
The article examines the role of constitutional justice in countries with low judicial independence, focusing on Paraguay as a case study. Scholars typically expect courts in such environments to exhibit weak and deferential behavior due to close ties with ruling elites or fear of retaliation. However, Paraguay’s Supreme Court has frequently ruled against the government, deciding in favor of plaintiffs in 70% of unconstitutionality actions between 1995 and 2015. This paradox raises questions about whether these rulings represent anti-government activism or other dynamics.
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