Articlebronze2009

Determinants of Judicial Independence: Lessons from Three ‘Cases’ of Constitutional Courts in Peru (1982–2007)

50 citations0/0 files storedJournal of Latin American Studies

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Judicial and Constitutional Studies Political Dynamics in Latin America Comparative constitutional jurisprudence studies

Abstract

Abstract The Peruvian Constitutional Tribunal (CT) is currently an independent institutional actor in Peru's politics. By comparing and contrasting the recent history of the CT and two previous ‘cases’ of ‘failed’ constitutional courts – the CT's role during the Fujimori regime and its predecessor, the Tribunal of Constitutional Guarantees – the article tests several theories that aim to explain the emergence of independent courts in democracies. The three cases provide evidence in support of theories that highlight the importance of political pluralism as a necessary condition for the emergence of independent courts, but the cases also show that an institutional design that ‘mirrors’ this pluralism is crucial to attain this outcome. The importance of these political and institutional factors suggests that it is too soon to be optimistic about the likelihood that the present CT can maintain its independence in the future.

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References

2003Judicial Review in New Democracies 1975The Independent Judiciary in an Interest-Group Perspective 1994The Puzzling (In)Dependence of Courts: A Comparative Approach 1975The Independent Judiciary in an Interest-Group Perspective 2001The Role of Constitutional Courts in the Establishment and Maintenance of Democratic Systems of Government 1996Judicial Independence and Democratization: A Theoretical and Conceptual Analysis 2003Law versus the State: The Judicialization of Politics in Egypt 2007Fragmentation of Power and the Emergence of an Effective Judiciary in Mexico, 1994–2002

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