Judicialization in the Americas: Case Studies of Brazil and Uruguay, Causes for Judicial Empowerment Via Constitutionalization, Contentious Political Issues Reaching National Courts for Adjudication

This excellent report has been professionally converted for accurate flowing-text e-book format reproduction. The rise in judicialization research recognizes the influence of politics on the judicial branch. Judicialization is the acceptance and trial of traditional political quandaries by national courts that result in landmark cases and leads to the creation of new legislation. A rise in the number of landmark cases signals a fundamental alteration and understanding of the power and purpose of the judiciary. This thesis substantiates the claims of rising contentious political issues reaching national courts for adjudication. It addresses the causes for judicial empowerment via constitutionalization and determines the effects judicialization has on the process of democratization in Latin America using Brazil and Uruguay as case studies.

This compilation includes a reproduction of the 2019 Worldwide Threat Assessment of the U.S. Intelligence Community.

I. Introduction * A. Significance * B. Defining Judicialization * C. A New Definition * D. Literature Review * E. Framework * F. Thesis Overview * G. Potential Explanations And Hypotheses * * II. American Constitutions * A. Constitutionalism in America * 1. Historic Constitutionalism in the Americas * 2. Timeline and Revisions Chart of Constitutions * B. Judicial Powers * 1. Docket Control * 2. Judge Outlook * 3. Landmark Cases * C. Constitutionalization Theories * 1. Constitutional Politics * 2. Evolutionist * 3. Systemic, Needs-Based * 4. Microlevel Rational Choice * 5. Hegemonic Preservation * D. Impact of Judicialization Theories on the Arenas of Democratic Consolidation * E. Summary * III. Case Study of Judicialization: Brazil * A. Historical Background of Judicial Power * B. Cases Affecting Democracy * C. Consequences * IV. Case Study of Judicialization: Uruguay * A. Historical Background of Judicial Power * B. Cases Affecting Democracy * C. Consequences * V. Analysis, Conclusion, and Recommendations * A. Analysis * B. Conclusion * C. Recommendations

Judicialization of politics is a global trend that identifies a rising importance of court determinations in the policy-making of modern democracies. Judicialization involves topics typically addressed outside the judicial branch, most commonly in the executive and legislative branches. Since national courts produce permanent legal precedents that affect the demos as a whole, a rise in cases signals, according to some scholars, a fundamental alteration and understanding of the power and purpose of the judiciary. Research in the field of judicialization predominantly centers on the United States with a few case studies available on other regions and in more than one country. Examining location, causes, and consequences of judicialization, I attempt to contribute to the current body of knowledge in hope of bringing further understanding to a topic growing in importance and popularity.