Todd A. Eisenstadt,
"Catching the State Off Guard: Electoral Courts, Campaign
Finance, and Mexico's Separation of State and Ruling Party,"
Party Politics, 10 (November, 2004),
723-725.
First Paragraph:
Ideal types of judicial branch
design such as Shapiro's triadic relationship between
autonomous judiciaries, other government branches, and
complaint parties are useful only as contrasts in analyzing
one-party states where, however independent the judiciary
may be on paper, the courts are dominated by the executive
branch and the ruling party controls nominations and
promotions. The fusing of the judiciary to the party-state
contradicts Shapiro's triadic model of judicial autonomy
(Shapiro, 1981: 1-20).1 In oneparty authoritarian states,
the most important trait of strong judicial institutions in
democratic polities, the ability of the judiciary to check
'tyranny by the majority' in the executive branch, is
conspicuously absent.
Figures and Tables:
Table 1. Subpoenas by
magistrates and actor compliance
Table 2. Origins of Mexico's federal electoral court
magistrates
Table 3. Photocopy 'knock-off' complaints by party and
year
Last Paragraph:
In regard to the formal independence of Mexico's federal
electoral court since late 2000, less has been more,
highlighting the tension between formal institutions and
their informal contexts. A qualification may be in order to
the conventional wisdom that ombudsmen are more independent
than government-directed EMBs. Ombudsman agencies may be
best suited to stay on task and guard independence during
the early stages of constructing a democratic rule of law;
but indirect executive supervision - by relatively
autonomous judicial or other authorities - may be more
sustainable and conducive to democratic electoral regulation
over the long run.
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