Papers by Ezequiel Gonzalez Ocantos
Despite its consequences, voters keep electing corrupt politicians. One common explanation is tha... more Despite its consequences, voters keep electing corrupt politicians. One common explanation is that voters simply lack information on whether candidates are corrupt, yet studies that deliberately provide such information find electoral accountability is weak. Can we root out corrupt politicians? We take a novel approach: first, we employ machine learning to identify widely available political/personal characteristics that are predictive of corrupt practices in Colombia. We then design an experiment that varies the provision of these predictors to study if voters discriminate corrupt from non-corrupt politicians. Results indicate that the presence of candidate images, the presence of a large donor, and information on candidates' political experience decreases the likelihood of choosing a corrupt politician. Moreover, voters behave differently according to their understanding of what corruption is and their attitudes towards it. Compared to established findings, using a novel appro...
Law & Policy, 2024
The recent wave of autocratization in Latin America has put courts at the center of debates about... more The recent wave of autocratization in Latin America has put courts at the center of debates about regime and regime change. Much of the literature on the judicial politics of democratic backsliding focuses on incumbents’ efforts to capture judiciaries and weaponize them against the regime. Our approach is different. We provide illustrations of independent courts in Argentina, Colombia and Mexico that successfully fought back when presidents pushed for reforms that jeopardized democratic stability. With the goal of furthering our knowledge of how judges can also complicate autocratization, the paper thus focuses on a type of horizontal accountability intervention that we refer to as “constitutional balancing.” We also shed light on the reasons why constitutional balancing is well-equipped to slow down or stop backsliding via a comparison with another type of horizontal accountability intervention: public administration policing. These interventions are increasingly common in Latin America, usually in the form of high-profile corruption prosecutions. Unlike constitutional balancing, however, public administration policing has proven highly disruptive, and ultimately unable to settle regime-threatening political conflict.
Social Science Research Network, 2021
International courts (ICs) with human rights mandates have recently faced instances of backlash, ... more International courts (ICs) with human rights mandates have recently faced instances of backlash, aiming to curb their authority. But human rights ICs continue to function with their competences largely intact. A crucial source of IC resilience is embeddedness in domestic institutions and actors. Taking cues from research on the functioning of ICs, we argue that ICs will be resilient – able to maintain their competences and authority in the face of backlash – to the extent that they are embedded in domestic "legal complexes." Our framework identifies key sites of embeddedness and stresses the importance of synergies between them: 1) incorporation of treaties into domestic law; 2) independent courts; 3) acceptance and use of IC jurisprudence by domestic judiciaries; 4) strong national human rights institutions; 5) incorporation of international law into legal training and research; and 6) presence of NGOs that rely on ICs. Empirically, the paper explores resilience in the Inter-American System of Human Rights. First, we discuss and map the state of each source of resilience across Latin America. Second, we show how the activation of sources of resilience helped preserve the integrity of Inter-American rights institutions during backlash orchestrated by several countries between 2011 and 2014.
American Journal of Political Science, Jul 15, 2013
Anti-vote-buying campaigns led by NGOs and political elites denounce the practice as a crass econ... more Anti-vote-buying campaigns led by NGOs and political elites denounce the practice as a crass economic transaction detrimental to democracy. Do potential clients stigmatize vote buying to the same degree, or does the mass public have a more conditional view of the acceptability of vote buying? We theorize that normative evaluations of vote buying vary based on individuals' understanding of the transaction itself and abstract societal costs associated with the practice. We assess this perspective using survey experiments conducted in several Latin American countries that present hypothetical vote-buying situations for evaluation by respondents, varying the socioeconomic status of the hypothetical client and the client's political predispositions. We find that the disapproval of vote buying is highly conditional on the attributes of the hypothetical client and that evaluations of vote buying depend on conceptions of the concrete benefits and abstract costs of vote buying as a part of electoral politics. C ultural norms are shaped by and help to perpetuate patterns of political behavior (Schwartz 2004; Wedeen 2002). Socialization processes that accustom individuals to a corrupt environment lead to greater acceptance of and involvement in illegal behavior to the point where these become deeply ingrained political beliefs (Fisman and Miguel 2007). Cultural norms can also serve as a check on corruption even in situations that seemingly invite engaging in illegal actions (Della Porta and Pizzorno 1996). This check on corrupt behavior comes from both "inhibiting people from exploiting opportunities" for corruption (Stanholtz and
Journal of Latin American Studies, 2016
Icon-international Journal of Constitutional Law, Dec 1, 2021
Why do courts rely on specific bodies of jurisprudence to justify decisions? We analyze judicial ... more Why do courts rely on specific bodies of jurisprudence to justify decisions? We analyze judicial dialogue in the Inter-American System, where the Inter-American Court of Human Rights (IACtHR) has defined its mission as the construction of a regional legal order. This order needs courts at all levels to engage with each other. Original databases of citations by the IACtHR to the judgments of national courts, and in the opposite direction, allow us to establish whether such practices are emerging. Furthermore, the article asks why the IACtHR cites some courts but not others, and to what end. Statistical models reveal that the IACtHR is more likely to cite case law from countries that exhibit characteristics that are more conducive to the creation of a regional human rights legal order, and jurisprudence from countries with which it has had more extensive experience and interaction. Qualitative content analysis suggests that the IACtHR uses citations as a source of persuasive authority, but also to showcase domestic acceptance of its doctrines and decisions. This leads us to characterize citations as an effort to educate courts in the use of Inter-American jurisprudence and thus foster greater integration. At the national level, we find considerable temporal/cross-country variation in openness to the dialogue. We rely on original quantitative indicators and case studies to show this is as a function of the IACtHR’s growing visibility and networking efforts, as well as country-level changes in legal cultures and judicial personnel that push courts away from formalism.
International Studies Quarterly
Foundations provide key funds for nongovernmental organizations. We know little about what they d... more Foundations provide key funds for nongovernmental organizations. We know little about what they do for transnational activism or the mechanisms via which they seek/achieve influence. We carve a middle ground between those who see donors as supporting actors in transnational advocacy networks (TANs) and those who think they distort activism through impersonal market forces. Our negotiation-oriented approach looks at the micro-dynamics of donor–grantee relations. We argue that influence is a function of donors’ organizational characteristics. Only some, especially foundations, have the vision/means to shape grantees. However, internal complexity can cause coordination problems, complicating influence. Additionally, if many donors exist, recipients’ leverage increases. It does so too if their expertise is in short supply. Using archival evidence, we reconstruct how Ford tried to shape the Inter-American Human Rights Institute, a pillar of the region's human rights regime, and the f...
Comparative Politics, 2024
What determines the vote in referenda: issue-preferences or second-order considerations? Scholars... more What determines the vote in referenda: issue-preferences or second-order considerations? Scholars suggest issue-voting is stronger in salient elections. Based on survey data collected during Chile's constitutional referendum, the paper challenges this. An innovative conjoint experiment allows us to estimate if different elements of the constitution sunk the proposal. Coupled with vote choice models, results indicate that second-order considerations played a more important role than the literature predicts. We argue this is because studies mostly study referenda on European integration in parliamentary systems. Unlike European integration, the constitutional proposal was not a cross-cutting "issue," but one tied to the incumbent. Presidentialism exacerbated government/opposition dynamics, such that the incumbent's popularity significantly affected vote choice. We discuss why this is similar to what transpired in other Latin American countries, and draw lessons for participatory democracy.
This essay uses an original database to trace the regionalization of the Lava Jato case, followin... more This essay uses an original database to trace the regionalization of the Lava Jato case, following revelations by judicial authorities in the United States in December 2016. It also investigates variation in the progress of national investigative efforts. Corruption investigations inevitably target powerful political and business elites. As a result, the permissiveness of the political environment is crucial to explaining why some chapters of Lava Jato have been able to make more progress than others. This essay acknowledges the relevance of such constraints, but also draws attention to the importance of judicial agency. We argue that the quality of anticorruption investigations is not entirely endogenous to the presence of a favorable political environment; certain choices and prosecutorial strategies can effectively expand narrow limits of political possibility, and help build momentum when there is none. More importantly, even when conditions allow for more independent prosecutor...
Comparative Political Studies, 2015
Although elections have become the norm not only in democratic regimes but also in autocratic one... more Although elections have become the norm not only in democratic regimes but also in autocratic ones, the legitimacy of the electoral process in different countries is often contested. Facing strong international pressures to prove democratic credentials, eventual winners have a strong incentive to ensure high levels of voter turnout. Conversely, leaders of parties likely to lose the election have an incentive to reduce turnout-for example, through boycotts-to delegitimize the election. In such situations, turnout is a major dimension of competition. To overcome the potential delegitimizing effects of low turnout, incumbents will often turn toward clientelistic mobilization, as high turnout can be a powerful rejoinder to those who denounce elections as a sham and can put observers' concerns about the legitimacy of the electoral process to rest. We develop a theory to explain how such campaigns will target particularistic benefits. We argue that what we term "legitimacy buying" will be primarily aimed at "staunching the bleeding" of supporters who are usually consistent voters but have doubts about the legitimacy of the election. This theoretical prediction departs from theories
The Limits of Judicialization
Politica y Gobierno
El artículo propone una nueva aproximación a un concepto central para la literatura sobre comport... more El artículo propone una nueva aproximación a un concepto central para la literatura sobre comportamiento judicial: “cultura legal.” La “cultura legal” de los jueces es el conjunto de normas profesionales formales e informales que indican cómo debe ser interpretado el marco jurídico y que definen expetativas a cerca de qué tipo de conductas resultan apropiadas dentro del campo judicial. De aquí se derivan tres dimensiones del concepto: 1) rutinas hermenéuticas, 2) la visión de los jueces sobre su rol en el sistema político y 3) la visión sobre su rol dentro del propio poder judicial. En el contexto latinamericano, estas dimensiones se traducen en un continuo que ca desde culturas legles textualistas or formalistas a culturas legales intepretativistas cercanas al neo-constitucionalismo. Con el fin de mostrar la pertinencia de esta aproximación conceptual, el artículo presenta los resultados de una encuesta a jueces federales mexicanos que midió diferentes aspectos de su cultura legal. La encuesta captó actitudes acerca del proceso de decisión judicial. Particularmente, se investigó cómo los jueces caracterizan sus prerrogativas formales y su trabajo, la forma en la que visualizan sus obligaciones con respecto al sistema político, y cómo perciben las posibilidades que tienen para emitir jurisprudencia innovadora. Los resultados indican la presencia de culturas legales textualistas e interpretativistas dentro del poder judicial federal mexicano. También sugieren que el efecto de ciertos aspectos de la cultura legal en el comportamiento pro-derechos característico de jueces interpretativistas o anti-textualistas, es sustantivamente importante y distinto al de la ideología política.
International Journal of Constitutional Law, Jun 1, 2021
Why do courts rely on specific bodies of jurisprudence to justify decisions? We analyze judicial ... more Why do courts rely on specific bodies of jurisprudence to justify decisions? We analyze judicial dialogue in the Inter-American System, where the Inter-American Court of Human Rights (IACtHR) has defined its mission as the construction of a regional legal order. This order needs courts at all levels to engage with each other. Original databases of citations by the IACtHR to the judgments of national courts and in the opposite direction, allow us to establish whether such practices are emerging. Furthermore, the paper asks why the IACtHR cites some courts but not others, and to what end. Statistical models reveal that the IACtHR is more likely to cite case law from countries that exhibit characteristics that are more conducive to the creation of a regional human rights legal order, and jurisprudence from countries with which it has had more extensive experience and interaction. Qualitative content analysis suggests that the IACtHR uses citations as a source of persuasive authority, but also to showcase domestic acceptance of its doctrines and decisions. This leads us to characterize citations as an effort to educate courts in the use of Inter-American jurisprudence and thus foster greater integration. At the national level, we find considerable temporal/cross-country variation in openness to the dialogue. We rely on original quantitative indicators and case studies to show this is as a function of the IACtHR's growing visibility and networking efforts, as well as country-level changes in legal cultures and judicial personnel that push courts away from formalism.
Law & Social Inquiry, 2022
International courts (ICs) with human rights mandates have recently faced instances of backlash a... more International courts (ICs) with human rights mandates have recently faced instances of backlash aiming to curb their authority. Taking cues from research on the functioning of ICs, we argue that ICs will be resilient—able to maintain their competences and authority in the face of backlash—to the extent that they are embedded in domestic “legal complexes.” Our framework identifies key sites of embeddedness and stresses the importance of synergies between them, including: (1) the incorporation of treaties into domestic law; (2) independent courts; (3) acceptance and use of IC jurisprudence by domestic judiciaries; (4) strong national human rights institutions; (5) incorporation of international law into legal training and research; and (6) the presence of NGOs that rely on ICs. This article explores resilience in the Inter-American System of Human Rights. First, we discuss and map the state of each source of resilience across Latin America. Second, we show how the activation of source...
The SAGE Handbook of Research Methods in Political Science and International Relations, 2020
In this chapter I draw from my own experience with qualitative, case study research to offer some... more In this chapter I draw from my own experience with qualitative, case study research to offer some guidelines on designing this kind of projects. Qualitative researchers seek to explain puzzling within-case transformations or variation in events and institutions across a limited number of cases. Our empirical research unpacks the historical, social, and political processes that explain these outcomes. I argue that it is essential to begin the research by proposing a theoretical model of the sequence or pathway linking cause and effect in positive cases. This sequential account should identify the steps in the causal chain and mechanisms that explain the flow of causal energy that brings about the outcome of interest. I also suggest that doing so involves providing a stylized description of a "field" of action on the basis of three parameters: the actors involved with their preferences, logics of action, and resources; the spaces of action where these actors act; and the consequences of the interactions between them. After conceptualizing these three parameters, and illustrating them with examples, I contend that this type of theorization can help researchers discipline three additional components of the research process. First, I discuss how sequential models serve as roadmaps during fieldwork. Second, I suggest that sequential models facilitate the identification of relevant rival explanations. And third, I show how they can assist the case selection strategy.
Oxford Research Encyclopedia of Politics, 2019
In the aftermath of the third wave of democratization, Latin American courts left behind decades ... more In the aftermath of the third wave of democratization, Latin American courts left behind decades of subservience, conservatism, and irrelevance to become central political players. They now serve as arbiters in struggles between the elected branches, and increasingly affirm fundamental rights. Indeed, some rulings champion highly controversial rights and have huge budgetary implications, sending shock waves across these new democracies. What explains this unprecedented expansion of judicial power? In trying to answer this fundamental question about the functioning of contemporary democracies, scholars of Latin America have developed a truly vibrant and theoretically dynamic body of work, one that makes essential contributions to our knowledge of judicial politics more generally. Some scholars emphasize the importance of formal judicial reforms initiated by politicians, which resulted in more autonomous and politically insulated courts. In so doing, they address a central puzzle in p...
Law & Social Inquiry, 2021
International courts (ICs) with human rights mandates have recently faced instances of backlash a... more International courts (ICs) with human rights mandates have recently faced instances of backlash aiming to curb their authority. Taking cues from research on the functioning of ICs, we argue that ICs will be resilient—able to maintain their competences and authority in the face of backlash—to the extent that they are embedded in domestic “legal complexes.” Our framework identifies key sites of embeddedness and stresses the importance of synergies between them, including: (1) the incorporation of treaties into domestic law; (2) independent courts; (3) acceptance and use of IC jurisprudence by domestic judiciaries; (4) strong national human rights institutions; (5) incorporation of international law into legal training and research; and (6) the presence of NGOs that rely on ICs. This article explores resilience in the Inter-American System of Human Rights. First, we discuss and map the state of each source of resilience across Latin America. Second, we show how the activation of source...
Oxford Research Encyclopedia of Politics, 2019
Clientelism is a type of nonprogrammatic linkage strategy that political parties deploy to win el... more Clientelism is a type of nonprogrammatic linkage strategy that political parties deploy to win elections. Specifically, the concept refers to the personalized and discretionary exchange of goods or favors for political support. Scholars of comparative politics investigate variation in the prevalence of clientelism across countries, as well as the organizations that parties create to distribute personalized gifts and favors. A large body of work also studies the types of voters more commonly targeted by machines. The debates about the determinants of clientelism and specific targeting patterns are important because they inform broader discussions about democratic quality in Latin America and other developing regions, where nonprogrammatic linkages such as clientelism are common. In particular, the literature on clientelism has implications for discussions about the use and misuse of public and private funds to support electoral efforts. It also raises questions about the ability of c...
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Papers by Ezequiel Gonzalez Ocantos