Political Transition, Social Development, and Legal Mobilization in Spain

Publisher: Cambridge University Press

E-ISSN: 1537-5943|83|3|817-833

ISSN: 0003-0554

Source: American Political Science Review, Vol.83, Iss.3, 1989-09, pp. : 817-833

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Abstract

While it has been frequently asserted that the use of courts is responsive to political and social contexts, the evidence is inconclusive at best. In the case of political context the dearth of evidence may reflect focusing on the U.S. case, where there is relatively limited variation in relevant characteristics. In the case of social context it may reflect a failure to focus on periods of substantial transition. In the present study we examine court usage in Spain between 1960 and 1980. During this period Spain experienced rapid economic growth with its attendant social change and dramatic political transition from authoritarianism to democracy. Both the movement toward democracy and social development are found to be positively linked to increases in legal mobilization.