UBACyT research projects

Starting date of the project

July 1, 2010

Ending date of the project

June 30, 2013

Code

20020090100251

Type of project

Consolidated group

Title

A qualitative and quantitative study compared between the Supreme Court of Justice of Argentina, Germany, Canada and Spain through the judicial review performance.

Director

Jorge Bercholc

Contacto

estudiobercholc@fibertel.com.ar

 

Keywords

Judicial review
Compared studies
Poltical and institutional system

Abstract

The purpose of the research project is to generate a statistical data base which shows the characteristics of the judicial review from the Supreme and Constitutional Courts of Germany, Spain and Canada by using the same design and research methodology as the one I used to study the behaviour of the Argentinean Supreme Court. This will help me make a comparative study between the behaviour of the courts and then have data which will support theoretical articulations, retrospective analysis, statistics and obtained information. The design and research methodology to implement is the one of the empirical, quantitative, descriptive, comparative kind with the added analysis. A quantity of variables will be used to be able to get the statistical data to an explanatory-qualitative level which will define a mixed character for this project, the descriptive-explanatory kind one. The existence of data about the practice of the judicial revision and its characteristics allows us to establish the relative level of independence of the Supreme Court in connection to the other political powers of the State and the implications, tensions and in the state administration which are run by the three powers. The design and research methodology to implement is the one of the empirical, quantitative, descriptive, comparative kind with the added analysis. A quantity of variables will be used to be able to get the statistical data to an explanatory-qualitative level which will define a mixed character for this project, the descriptive-explanatory kind one. The existence of data about the practice of the judicial revision and its characteristics allows us to establish the relative level of independence of the Supreme Court in connection to the other political powers of the State and the implications, tensions in the state administration which are run by the three powers. Likewise, the interest in developing Canadian, Spanish and German comparative studies is supported by the special attention that in my country has an institution as the Supreme Court of Justice. The court is currently subject to strong questioning and has an organization system based on the North American judicial review. The comparative studies about the Canadian, Spanish and German Supreme and Constitutional Court will be reality highly interesting and relevant for the purpose of their comparison with the Argentine institutional operation.