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55 N.Y.U. J. Int'l L. & Pol. 237 (2022-2023)
The Limits of Judicialization: From Progress to Backlash in Latin America

handle is hein.journals/nyuilp55 and id is 237 raw text is: BOOK ANNOTATIONS The Limits of Judicialization: From Progress to Backlash in Latin America. Edited by Sandra Botero, Daniel M. Brinks & Eze- quiel A. Gonzalez-Ocantos. Cambridge, United Kingdom; New York, New York: Cambridge University Press 2022. Pp. xiii, 350. $120.00 (hardback). REVIEWED BY HECTOR CORREA GAVIRIA The Limits of Judicialization is a timely and illustrative survey of the role that courts play in Latin American societies. The book evaluates the current state of the judicialization pro- cess in the region. Judicialization is the process through which courts become battlegrounds for the realization of civil, politi- cal, cultural, and socioeconomic rights, and through which mi- nority groups use the law and legal institutions as principal av- enues to pursue their rights claims. The central contribution the authors make to the scholar- ship on judicialization is the documentation of the ways in which the promise of judicialization-that courts can be effec- tive actors in punishing abuses of power, redressing egregious wrongs, and challenging entrenched inequalities-falls short when the political institutions are too weak to implement rele- vant court decisions and courts remain detached from larger power dynamics. The first set of essays on Mexico, Colombia, and Guate- mala explore the first shortcoming: courts often fail to account for persistent state weakness, pushing ambitious conceptions of rights on states that are too ineffective to realize them. The first essay on Mexico, Progressive Jurisprudence and Tena- cious Impunity in Mexico by Janie K. Gallagher and Jorge Contesse, is a perfect illustration of this shortcoming. The es- say shows how Mexico's weak and fragmented state, along with the lack of implementation of progressive jurisprudence, nearly rendered most of the 2011 constitutional amend- ments-which fully incorporated international human rights standards into their national law-ineffective. The essay on Guatemala, The Rise and Fall of the CICIG in Guatemala by Rachel E. Bowen, critically supplements the 237 Imaged with Permission of N.Y.U. Journal of International Law and Politics

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