Ruling Against the Executive in Amparo Cases

Evidence from the Peruvian Constitutional Tribunal

Author(s): Lydia Brashear Tiede, Aldo Fernando Ponce
Publisher(s): German Institute of Global and Area Studies (GIGA)
Publication: Journal of Politics in Latin America, Vol 3, No 2 (2011)
Date of publication: 2011
From Page 107 to 140

Description: In this paper, the authors systematically analyze decisions made by the Peruvian Constitutional Tribunal from 1996 to 2006 in amparo cases, which significantly impact individual rights. They ask the following question: in these types of cases, what conditions led the Tribunal to assert itself against the executive? Through an analysis of Tribunal decisions during the presidencies of Alberto Fujimori and Alejandro Toledo, they find that the Tribunal is more likely to rule against the executive, as the public’s confidence in the executive decreases and as the share of congressional seats of the president’s party declines.

General note: Open Access (Creative Commons License Attribution-No Derivative Works 3.0 Germany)


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