
Contents
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1 From Problematic Laggard to Star of the South? The Comparative Significance of the Portuguese Case
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11.1 Introduction 11.1 Introduction
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11.2 Brief Summary of the Scholarship on Judicial Politics 11.2 Brief Summary of the Scholarship on Judicial Politics
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11.3 Brief Overview of Portuguese Judicial Institutions 11.3 Brief Overview of Portuguese Judicial Institutions
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11.3.1 Courts of Law 11.3.1 Courts of Law
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11.3.2 Judicial Councils 11.3.2 Judicial Councils
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11.3.3 Chief Prosecutor 11.3.3 Chief Prosecutor
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11.3.4 Evidence of Judicial Politics in Courts of Law 11.3.4 Evidence of Judicial Politics in Courts of Law
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11.4. The Portuguese Constitutional Court 11.4. The Portuguese Constitutional Court
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11.4.1 Institutional Details of the Constitutional Court 11.4.1 Institutional Details of the Constitutional Court
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11.4.2 Evidence of Judicial Politics within the Portuguese Constitutional Court 11.4.2 Evidence of Judicial Politics within the Portuguese Constitutional Court
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11.5 Judicialization of Politics 11.5 Judicialization of Politics
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11.5.1 The Role of Politicians, Interest Groups, and Citizens in Empowering Courts 11.5.1 The Role of Politicians, Interest Groups, and Citizens in Empowering Courts
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11.5.2 The Role of Courts in Shaping Public Policy and Institutional Balance 11.5.2 The Role of Courts in Shaping Public Policy and Institutional Balance
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11.6 Public Trust in the Courts 11.6 Public Trust in the Courts
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11.7 Conclusion 11.7 Conclusion
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References References
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11 Judicial Politics in Portugal
Get accessNuno Garoupa is Professor of Law at George Mason University, USA
Lydia Brashear Tiede is Associate Professor at the University of Houston, USA
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Published:20 October 2022
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Abstract
This chapter develops a framework for understanding judicial politics in Portugal, although local scholars contest the interrelationship between politics and judging. The chapter begins by summarizing extant theories related to judicial politics, including how judges’ political party associations, and other political actors influence judicial decision-making. This is followed by a description of the main Portuguese courts and other legal institutions with substantial emphasis on the Constitutional Court. The chapter analyses the extent to which politics plays a role in these institutions, as well as how this impacts the public’s trust. The chapter references existing qualitative and quantitative evidence t about how institutional design and political factors influence judicial outcomes and concludes with additional insights on research challenges.
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