Courts and Judicial Independence

Abstract

Abstract This chapter deals with the issue of judicial independence in Latin America. It argues that independence has—on the whole—been increasing in Latin America, bringing with it a judicial system that is at the service of local democracy. However, increasing independence also raises a number of challenges. Because judicial independence is inherently political, it is subject to a variety of subtle constraints that are particularly salient under the conditions of inequality, elite domination, and partisan conflict that prevail in the region. Second, independence is only one of several desiderata for courts, and greater independence has not always been matched by greater efficacy, efficiency, or the overall rule of law. Third, judicial accountability does not necessarily mean constraints on judicial independence, but many judges find it useful to portray any effort to impose controls on wages and budgets, or to push for more efficient courts, as an effort to curtail independence.