Chapter

Authoritarianism, Democracy and the Supreme Court: Horizontal Exchange and the Rule of Law in Mexico

Beatriz Magaloni

in Democratic Accountability in Latin America

Published in print July 2003 | ISBN: 9780199256372
Published online April 2005 | e-ISBN: 9780191602368 | DOI: http://dx.doi.org/10.1093/0199256373.003.0009

Series: Oxford Studies in Democratization

Authoritarianism, Democracy and the Supreme Court: Horizontal Exchange and the Rule of Law in Mexico

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This chapter examines the relationship between authoritarianism, democracy and the emergence of Supreme Court independence in Mexico. It presents three mechanisms to explain why party hegemony meant unrestrained rule by the president; strong dominance of the president over the Supreme Court; and the absence of a rule of law. These are: a flexible constitution that could be modified by the power it was supposed to restrain; the president’s unilateral control of nominations and dismissals; and constitutional rules that delegated insufficient constitutional powers to the Supreme Court to interpret the constitution.

Keywords: Mexico; democracy; authoritarianism; Supreme Court independence; horizontal exchange; rule of law; party hegemony

Chapter.  14100 words.  Illustrated.

Subjects: Politics

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