CEU eTD Collection (2024); Moreno, Andre: Peeking through the blindfold: Judicial off-bench response to affective polarization in fragmented constitutional courts

CEU Electronic Theses and Dissertations, 2024
Author Moreno, Andre
Title Peeking through the blindfold: Judicial off-bench response to affective polarization in fragmented constitutional courts
Summary Literature generally advances that preserving constitutional courts' institutional trust is in the self-interest of justices, who mobilize their networks and adopt institution-preserving off-bench behavior vis-à-vis illiberal actors. In Brazil, however, the use of self-oriented off-bench rhetoric to safeguard individual external reputations regardless of the collegiate stands out. After analyzing two typical cases through process-tracing, this thesis unveils the mechanisms leading from heightened audience pressure to self-oriented off-bench behavior, highlighting the inability of fragmented constitutional courts to filter its justices' individual strategies within a context of affective polarization and judicialization of politics.
Supervisor Granger, Marie-Pierre
Department Public Policy MA
Full texthttps://www.etd.ceu.edu/2024/moreno_andre.pdf

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