By Siri Gloppen, Roberto Gargarella, Elin Skaar
This name examines the political position of courts in new democracies in Latin the United States and Africa, concentrating on their skill to carry political power-holders dependable once they act outdoor their constitutionally outlined powers. The ebook additionally concerns a caution: there are difficulties inherent within the present international circulation in the direction of powerful constitutional govt, the place more and more robust powers are put within the palms of judges who themselves aren't made liable.
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Extra info for Democratization and the Judiciary: The Accountability Function of Courts in New Democracies
Sample text
There are other examples of judicial involvement of a similar nature. In spite of an array of judicial efforts to develop some form of executive accountability, this inquiry focuses on just one point: the attempts by the Colombian Constitutional Court to control the abuse of presidential extraordinary or emergency powers in the last decade. Three reasons explain this choice: the intrinsic importance of this subject, the centrality of the Constitutional Court in Colombian politics, and the originality of the Colombian experience in this field.
Just one example: in May 1965 the government declared a state of siege because of a student protest in Medellín against the American invasion of Santo Domingo. The student demonstration was quickly brought under control, but the state of emergency lasted for over three-and-a-half years. The Supreme Court declared the constitutionality of almost all state of siege decrees, even when the measures had nothing to do with the crises, or restricted very severely constitutional liberties and ‘due process’ guarantees.
Provision for legislative liaison materialized in 1948, and it was not until 1967 that capacity for research and education was put in place. The creation of management capacity at the state court level proceeded slightly more rapidly. Judicial Reform and Alternatives to Courts go Hand-in-Hand In discussions of the rule of law in developing countries today, it is common to hear policy makers counterpose assistance to judicial reform and the creation of alternative forums for dispute resolution. ’ But in the American experience, the development of the courts and of alternatives generally went hand-in-hand.