Download Democratization and the Judiciary: The Accountability by Siri Gloppen, Roberto Gargarella, Elin Skaar PDF

By Siri Gloppen, Roberto Gargarella, Elin Skaar

This name examines the political position of courts in new democracies in Latin the US and Africa, concentrating on their skill to carry political power-holders liable after they act open air their constitutionally outlined powers. The e-book additionally matters a caution: there are difficulties inherent within the present international circulation in the direction of robust constitutional govt, the place more and more robust powers are put within the arms of judges who themselves will not be made in charge.

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Extra info for Democratization and the Judiciary: The Accountability Function of Courts in New Democracies

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The third part examines how the Constitutional Court has endeavoured to control presidential emergency powers. Part four evaluates how 34 THE CONSTITUTIONAL COURT IN COLOMBIA this has been possible and the effects of such judicial involvement. Based on the Colombian experience, the essay concludes with a short theoretical reflection on the possibilities and limits of judicial review as an instrument to avoid the abuse of emergency powers in a developing democracy. The Dilemmas of Emergency Powers: Rule of Law, War-like Crises, Emergency Powers and Judicial Review War-like crises that threaten the very existence of the state or the continuity of social organized life pose a difficult dilemma for the rule of law, especially in emergent or precarious democracies.

24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 82. 15. 60. 78–91 passim. 47. Frances Kellor, Arbitration and the Legal Profession (New York: American Arbitration Association, 1952). 65. Ibid. 101. 16–17. 108. Ibid. 113. The Constitutional Court and Control of Presidential Extraordinary Powers in Colombia RODRIGO UPRIMNY There are strong theoretical and empirical arguments in favour of the thesis that the rule of law is essential for democratic consolidation and economic development. The existence of an independent judiciary capable of controlling government abuses is an essential element of the rule of law.

This because judges feel they can act more freely, knowing that their judgements can have some political effect, depending on the prestige of the judiciary, but at the same time knowing that it is not the last word on vital security issues. Discussions of the judiciary’s role in controlling extraordinary powers in constitutional crises are at the same time difficult and important, because they are related to central problems of democratic consolidation. The significance of these debates is greater in precarious or emergent democracies, such as Colombia, for at least two related reasons.

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