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Judicialization in the Americas

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Naval Postgraduate School Monterey United States

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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.

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Technical Report



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Approved For Public Release;

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