Determinants of the Quality of Justice in Latin America: Comparative Analysis of the Ecuadorian Case from a Sub-national Perspective

Abstract

Although the quality of justice is important in evaluating the state of democracy and performance of judicial branch, the subfield of judicial politics has focused little on the study of this dimension of the courts. To fill this gap, this article identifies some factors that influence the quality of justice in sub-national courts. Drawing on a comparative study of three appellate courts in Ecuador and through expert surveys and an original database from these courts, the article argues that the impunity in the judicial system—judicial corruption and the ineffectiveness of punitive mechanisms—and the deficient training of legal operators—lawyers and judges—are the dimensions that best explain the varying levels of quality of justice in unitary states. The empirical findings suggest both contextual and endogenous factors influence the quality of justice. In theoretical terms, the article proposes a definition of quality of justice as the capacity of judges to apply the legal tools, principles, and jurisprudential doctrine to making judicial decisions.