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Lecture 13

POLS 4050 Lecture 13: Megan Morrow Critical Comments week 13

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University of Guelph
Political Science
POLS 4050
Jordi Diez

Megan Morrow Critical Comments week 13 Professor Jordi Diez Week 13 (Apr 6) – Judicial Politics in Latin America Smulovitz, C. 2012. “Public Policy by Other Means: Playing the Judicial Arena” In Díez, Jordi. and Susan Franceschet (eds.) Comparative Public Policy in Latin America. Toronto: The University of Toronto Press, 105-25. - I agree with the authors claim that judicialization needs to be studied in the context of the political and social factors that influence change. I think all three articles, (especially because Wilson was so cited in this) built on one another and proved that. I thought it was interesting some of the first and last articles we learned about in this class discuss Brown v Board of Education because it holds significance for varied reasons. Since Brown V Board of Education has been included in so many readings throughput this course, I believe this case can be cherry picked to prove what the author wants. I feel as though every article thus far will manipulate the Brown case to suit their needs. As in I feel as though what this article stated was correct, but either way I think an author can claim this was either an extremely significant case or not really all that significant and if the reader has no background knowledge they would probably just agree with the author. I agree with the authors five area’s of where judicial review comes from (pg. 107) but I think the author was too quick to dismiss partisan politics and the role they play. I could agree that partisan politics are less of an issue in Latin America but there’s consensus among European literature partisan politics influence judicial review. - I think this was a really well written paper because the author focused on numerous countries and numerous examples within each country. I think it was very well explained, it really benefitted the paper to discuss all of the relevant fields in which policy was changed in addition to AIDS victim’s rights just because I feel as though the AIDS movement is written about so often in every county, but especially the U.S and Latin America. I also thought it really benefitted by discussing some of the negative aspects of judicial review. I think this article was the best of the three because it talked about numerous countries and policy area that were changed. I thought the first graph was kind of a silly explanation and did not need to be included, however, once you finish reading the chapter and understand how much the graph changes, I think it is a very good illustration. Wilson, B. 2013. “Enforcing Rights and Exercising an Accountability Function: Costa Rica’s Constitutional Chamber of the Supreme Court.” In G. Helmke and J. Ríos-Figueora (eds.) Courts in Latin America. New York: Cambridge University Press, 55-80. - I thought this article did a much better job explaining and justifying why partisan politics are less of a problem in Europe and not an issue in Costa Rica (pg. 60-61). I think this
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