ABSTRACT
This chapter examines the highly relevant and controversial issue of the transfer of presidential re-election to the judicial arena in Latin America. This chapter examines the circumstances of the transferral of this decision to the judicial arena, and identifies the causal factors influencing the rulings of the supreme courts, although it may be difficult to rule out judicial interest in a favourable ruling. The chapter highlights the conditions that lead to the transfer of such an important decision to the judiciary. It looks at the incentives for litigants and judges to take this matter to the courts in light of the 'supply and demand' model proposed by Keeling, Gauri and Brinks. Judicial decisions thus balance legal considerations and political preferences, and are based on a calculation of the public impact of their decisions, the power that other actors may exert over them, and on an assessment of the potential political consequences their decisions.
