2 - Coproducing Judicial Impact

Summary

Chapter 2 introduces the conceptual and theoretical frameworks, as well as the study’s methodology. In this chapter I propose and defend a conceptualization of judicial impact. Then, I develop and explain the main argument: that two elements are key to shaping impact for structural rulings, namely monitoring mechanisms and legal constituencies. Deploying monitoring mechanisms allows courts (and other participants in monitoring venues) to impose costs on the targets of the rulings and to offset information and power asymmetries. Legally empowered advocacy organizations (legal constituencies) can exercise legal follow-up and mobilize around the issue in the aftermath of the ruling. On their own, the presence of court-promoted oversight mechanisms or of legal constituencies can promote some effects. However, when combined, they can configure a collaborative oversight arena and ultimately yield higher impact results. The chapter closes explaining the research design: I introduce the eight case studies (four rulings from Argentina and four from Colombia) and the logic of the cross-case comparisons.