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Polarización política y comportamiento de la Suprema Corte de Justicia en Uruguay

2024; Oxford University Press; Linguagem: Inglês

10.1093/icon/moae066

1474-2659

Florencia Antía, Diego Luján, Daniela Vairo,

Comparative constitutional jurisprudence studies

Abstract The literature suggests that in highly polarized political contexts, supreme courts often experience politicization. However, this article contributes to the literature by examining the case of Uruguay, where political polarization is moderate but increasing. The study finds that in a context of moderate polarization, where the connection between political parties and the courts is weak, the negative effects of polarization on the court do not manifest. This weak connection is attributed to the rules governing the appointment and removal of judges, which are further supported by informal practices. Consequently, changes in polarization levels and political alternation have had little impact on the composition of the Uruguayan court, which is composed of career judges. While the court is not entirely detached from the political context, its composition and behavior do not mirror partisan divisions as seen in highly politicized judicial systems.