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April 19, 2026Comparative Politics

Monitoring High Court Rulings in New Democracies

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Authors

PVPablo Valdivieso-KastnerSBSantiago Basabe-Serrano

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Overview

This article explains post-decision monitoring by high courts in new democracies, indicating the role of civil society.

Key Points

  • The article aims to explore when and why high courts in new democracies monitor compliance with their rulings.
  • Developed a theory of strategic monitoring by analyzing judges' responses to reputational risks.
  • Utilized an original dataset of 6,093 decisions from Ecuador’s Constitutional Court (2015–2024).
  • Assessed the effects of amicus curiae participation, budgetary resources, and political salience on monitoring likelihood.
  • Increased amicus curiae participation significantly raises the likelihood of monitoring by high courts.
  • Budgetary resources and political salience do not significantly affect monitoring decisions.
  • Courts prioritize cases prone to public scrutiny for compliance monitoring.

Cite This Study

Valdivieso-Kastner et al. (2026) studied this question.

synapsesocial.com/papers/69e4734c010ef96374d8f244https://doi.org/10.5129/001041526x17756005710020
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