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

by Gargarella; Roberto

• ISBN13: 9780714684499
• ISBN10: 071468449X
• Edition: 1st
• Format: Nonspecific Binding
• Copyright: 2004-07-26
• Publisher: Routledge

Summary

This title examines the political role of courts in new democracies in Latin America and Africa, focusing on their ability to hold political power-holders accountable when they act outside their constitutionally defined powers. The book also issues a warning: There are problems inherent in the current global move towards strong constitutional government, where increasingly strong powers are placed in the hands of judges who themselves are not made accountable.

Table of Contents

Introduction: The Accountability Function of the Courts in New Democracies
Siri Gloppen, Roberto Gargarella and Elin Skaar	1	(6)
Judicial Review in Developed Democracies
Martin Shapiro	7	(20)
Flow Some Reflections on the United States' Experience May Inform African Efforts to Build Court Systems and the Rule of Law
Jennifer Widner	27	(19)
The Constitutional Court and Control of Presidential Extraordinary Powers in Colombia
Rodrigo Uprimny	46	(24)
The Politics of Judicial Review in Chile in the Era of Domestic Transition, 1990-2002
Javier A. Couso	70	(22)
Legitimating Transformation: Political Resource Allocation in the South African Constitutional Court
Theunis Roux	92	(20)
The Accountability Function of the Courts in Tanzania and Zambia
Siri Gloppen	112	(25)
Renegotiating `Law and Order': Judicial Reform and Citizen Responses in Post-war Guatemala
Rachel Sieder	137	(24)
Economic Reform and Judicial Governance.. in Brazil: Balancing Independence with Accountability
Carlos Santiso	161	(20)
In Search of Democratic Justice - What Courts Should Not Do: Argentina, 1983-2002
Roberto Gargarella	181	(17)
Lessons Learned and the Way Forward
Irwin P. Stotzky	198	(5)
Abstracts	203	(4)
List of Contributors	207	(1)
Index	208