Politics without Insurance: Democratic Competition and Judicial Reform in Brazil
2010
Brazil's constituent assembly of 1987-1988 delegated wide-ranging powers of review to the country's Supreme Court. The new constitution, drafted after two decades of mili tary rule, also broadened access to the judiciary by allowing political parties and other interests to challenge the constitutionality of legislative outputs. As in other recently constitutionalized countries, these institutional changes triggered the judicialization of Brazilian politics, narrowly defined as the process by which conflicts over policy are transferred to the judiciary.1 Yet, despite increased judicial influence over the policy making process, Brazilian presidents have pursued institutional changes further ex panding the Court's power. What is the causal explanation for this reform process? Why do officeholders willingly expand the authority of an institution capable of limiting their actions?
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