Michael C. Tolley
Thomas H. Koenig, Rhonda Evans-Case
Date of Award
Doctor of Philosophy
Department or Academic Unit
College of Social Sciences and Humanities. Law and Public Policy Program.
Argentina, Judicialization of Politics, Legal Mobilization, Public Interest Litigation, Same-Sex Marriage, Social Mobilization
Civil Rights and Discrimination | Human Rights Law | Law and Society | Public Policy
In the context of rising judicialization of politics, Argentina presents a case that is relevant and is worth our attention for the insights it provides to the phenomenon of legal mobilization. This dissertation describes and analyzes how two disadvantaged groups in this country--LGBT and indigenous--used law and courts to achieve their policy ends.
I suggest some answers about what factors make the groups choose the courts, the impact of using the courts, whether social mobilization -support structure- makes any difference on the impact, and what "new" roles are thrust upon courts in the policy making process. Through an interdisciplinary appraisal and the use of empirical analysis, this dissertation fills the gap, adds to the existing literature, and sheds new light on the phenomenon of judicialization of politics.
I began by surveying the literature on legal mobilization and the judicialization of politics and then examined how these two groups built their "social structures for legal mobilization" and mounted their legal campaigns for social change. Although there are some important similarities and differences between these groups, both have used the courts to advance their rights. The impact of the recent efforts of legal mobilization on behalf of LGBT individuals and indigenous peoples on the national Congress and the media turned out to be different. The case studies developed here indicate that when cases are being advanced in court by groups that enjoy considerable social mobilization, what the literature calls the "support structures for legal mobilization," they are likely to achieve the objectives that are sought.
The findings support Charles Epp's "support structure" explanation, suggest a classification of the cases using Marc Galanter's theory about the nature of the parties as one-shotters or repeat players, and provide a fuller understanding of the extent to which courts play a new role in Argentine politics.
María Gracia Andía
Andía, María Gracia, "Disadvantaged groups, the use of courts and their impact: a case study of legal mobilization in Argentina" (2011). Law and Public Policy Dissertations. Paper 1. http://hdl.handle.net/2047/d20001004
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