Title

Legal Opportunity Structures And Social Movements: The Effects Of Institutional Change On Costa Rican Politics

Keywords

Constitutional court; Costa Rica; Gays; Ichange; Legal opportunity; Marginalized groups; People living with AIDS

Abstract

How does institutional change in established democracies affect the distribution of political power in society? The new constitutional court in Costa Rica allows the authors to analyze the effects of judicial reform on the capacity of politically marginalized groups to safeguard their constitutional rights. Particular attention is paid to homosexuals, AIDS patients, and labor unions. The authors argue that it was not the establishment of the court as such but rather the specific rules regulating access to and cost of approaching the court that enabled marginalized groups to push for their rights and effectively circumvent the traditional policy-making process. Although these groups did not win all their cases, they have nonetheless been able to achieve considerable success in the protection of their previously denied constitutional rights. The legal reform partially redistributed power in society from policy makers to social groups and individuals. © 2006 Sage Publications.

Publication Date

4-1-2006

Publication Title

Comparative Political Studies

Volume

39

Issue

3

Number of Pages

325-351

Document Type

Article

Personal Identifier

scopus

DOI Link

https://doi.org/10.1177/0010414005281934

Socpus ID

33645676091 (Scopus)

Source API URL

https://api.elsevier.com/content/abstract/scopus_id/33645676091

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