Judicialization of politics or politicization of the judiciary? Recent trends in Latin America

Abstract

This article examines the judicialization of politics in Latin America with particular reference to Mexico and Argentina. It surveys several inter-connected processes with regard to the democratic aspiration of building the rule of law and enhancing citizenship. More than ever before regime legitimacy is linked to the credibility and success of rule of law construction. At the same time, judicial institutions and legal processes have acquired an unprecedented public and political centrality, as judges are called upon to resolve political disputes and engage in the judicial and legal review of governmental processes. Moreover civil society in varying degrees is increasingly resorting to legal mechanisms as one means of reclaiming and advancing citizenship rights. However, this process of judicialization of politics in young democracies does not necessarily imply improvement in regard to the rule of law. And a failure to live up to expectations concerning the rule of law is placing an additional burden on the embattled democracies of the region.