Courts and the judicial erosion of democracy in Latin America

Abstract

AbstractHow are courts used to erode democracy? Using the literature on democratic backsliding and judicial politics as a theoretical framework, in this work, I show the path of how courts are captured by incumbents and then used to subvert democracy. Comparing some cases from the Latin American region, I contend that the judicial erosion of democracy unfolds in three interactive steps: incumbents (a) lead public attacks on the judiciary; (b) push judicial purges; and/or (c) pack the courts, then they use the new weakened high court to undermine democratic institutions legally and harass political opponents.Related ArticlesBasabe‐Serrano, Santiago. 2012. “Presidential Power and the Judicialization of Politics as Determinants of Institutional Change in the Judiciary: The Supreme Court of Ecuador (1979‐2009).” Politics & Policy 40(2): 339–61. https://doi.org/10.1111/j.1747‐1346.2012.00348.x.Moreno, Erika, and Richard C. Witmer. 2015. “Where Capacity and Incentives Meet: Presidential Decree Authority and Property Rights in Latin America.” Politics & Policy 43(3): 315–46. https://doi.org/10.1111/polp.12118.Nohlen, Dieter. 2009. “Constitutional Jurisdiction and the Consolidation of Democracy.” Politics & Policy 37(1): 3–30. https://doi.org/10.1111/j.1747‐1346.2008.00159.x.