Diana Kapiszewski’s scientific contributions

What is this page?


This page lists works of an author who doesn't have a ResearchGate profile or hasn't added the works to their profile yet. It is automatically generated from public (personal) data to further our legitimate goal of comprehensive and accurate scientific recordkeeping. If you are this author and want this page removed, please let us know.

Publications (1)


High Courts and Economic Governance in Argentina and Brazil
  • Article

January 2004

·

69 Reads

·

97 Citations

Diana Kapiszewski

High Courts and Economic Governance in Argentina and Brazil analyzes how high courts and elected leaders in Latin America interacted over neoliberal restructuring, one of the most significant socioeconomic transformations in recent decades. Courts face a critical choice when deciding cases concerning national economic policy, weighing rule of law concerns against economic imperatives. Elected leaders confront equally difficult dilemmas when courts issue decisions challenging their actions. Based on extensive fieldwork in Argentina and Brazil, this study identifies striking variation in inter-branch interactions between the two countries. In Argentina, while the high court often defers to politicians in the economic realm, inter-branch relations are punctuated by tense bouts of conflict. The Brazilian high court and elected officials, by contrast, routinely accommodate one another in their decisions about economic policy. Diana Kapiszewski argues that the two high courts' contrasting characters - political in Argentina and statesman-like in Brazil - shape their decisions on controversial cases and condition how elected leaders respond to their rulings, channeling inter-branch interactions into persistent patterns.

Citations (1)


... If instead we interpret the lack of trust amongst more informed members of the public as a reflection of the institutional environment itself, then this inverse correlation between awareness and trust does not reflect a willingness to disregard the court out of hand, but instead a dissatisfaction with the status quo, and a 7 The last cross-sectional study of citizens' opinions regarding national judiciaries to use valid indicators of diffuse support was fielded in 1992, when Gibson and Caldeira incorporated a full battery of diffuse support items on the Eurobarometer surveys Gibson and Caldeira 1995;Driscoll and Nelson 2021). 8 Variance in question wording severely inhibits direct comparisons across surveys, as these surveys either do not specify the judicial institution respondents are supposed to rate (i.e., a Constitutional Tribunal and a Supreme Court), or use a variety of synonyms for the judicial branch that lead to questionable measurement of concepts of interest and lack of direct comparability (Kapiszewski 2012). desire to see changes not in the fundamental institutions, but in the institutional environment in which courts exist. ...

Reference:

Awareness of Executive Interference and the Demand for Judicial Independence: Evidence from Four Constitutional Courts
High Courts and Economic Governance in Argentina and Brazil
  • Citing Article
  • January 2004