From Second-Best to First-Best Veto Point:
Explaining the Changing Uses of Judicial
Review and Referendums in Uruguay
Florencia Antía
Daniela Vairo
ABSTRACT
The use of veto points to block policy change has received significant attention in
Latin America, but the different institutional venues have not been analyzed in a
unified framework. Uruguay is exceptional in that political actors use both
referendums and judicial review as effective ways to oppose public policies. While
the activation of direct democracy mechanisms in Uruguay has been widely
studied, the surge in the use of the judicial venue remains underexplored. This
article argues that veto point use responds to the ideological content of policies
adopted by different coalitions and the type of interest organization affected.
It shows that policy opponents predominantly activate referendums when center-
right coalitions rule and judicial review when center-left coalitions govern.
It illustrates the causal argument by tracing the politics of court and referendum
activation. This approach helps to bridge the gap between research on direct
democracy and judicial politics, providing a unified framework.
Keywords: veto points, court, referendum, democracy, Uruguay
V
eto points, defined as institutional venues that offer opportunities to block policy
change (Immergut 2010), have received significant attention in Latin American
democracies. Several studies have described the activation of high courts to challenge
public policies (Taylor 2008; Kapiszewski 2012). Others have explored the use of
direct democracy mechanisms by organized interests to oppose public policies that
affected them (Altman 2011; Zovatto 2006). However, the joint analysis of these
phenomena and their determinants has received less attention, probably because
the use of both institutional venues has been rare in the regional context.
Florencia Antía is an associate professor of political science. florencia.antia@cienciassociales.
edu.uy . ORCID 0000-0001-5421-8476. Daniela Vairo is an associate professor of political
science. daniela.vairo@cienciassociales.edu.uy . ORCID 0000-0003-4426-6460. Both in the
Departamento de Ciencia Política, Facultad de Ciencias Sociales, Universidad de la
República, Montevideo, Uruguay. Conflicts of interest: Florencia Antía and Daniela Vairo
declare none.
© The Author(s), 2023. Published by Cambridge University Press on behalf of the University of
Miami. DOI 10.1017/lap.2022.50
https://doi.org/10.1017/lap.2022.50 Published online by Cambridge University Press