Polarización política y comportamiento de la Suprema Corte de Justicia en Uruguay: Political polarization and the behavior of the Supreme Court of Justice in Uruguay.

This article examines the relationship between political polarization and the politicization of the Supreme Court of Justice (SCJ) in Uruguay, a country characterized by moderate but increasing political polarization and a stable democratic system. It finds that despite rising polarization, the SCJ’s composition and behavior remain largely insulated from partisan influence due to formal institutional rules and informal practices governing judicial appointments and removals, which emphasize career judges and seniority rather than political alignment. The SCJ’s size is constitutionally fixed, and judges serve fixed terms with protections against arbitrary removal, contributing to judicial autonomy. A case study on a contentious tax law illustrates that judicial decisions do not consistently align with the preferences of the appointing political actors, underscoring the weak transmission mechanisms between political parties and the court. The article contributes to judicial politics literature by highlighting how moderate polarization contexts with strong institutional safeguards can prevent court politicization, contrasting with findings from highly polarized systems.