By Siri Gloppen, Roberto Gargarella, Elin Skaar
This name examines the political function of courts in new democracies in Latin the US and Africa, targeting their skill to carry political power-holders in charge after they act outdoor their constitutionally outlined powers. The ebook additionally concerns a caution: there are difficulties inherent within the present international stream in the direction of powerful constitutional govt, the place more and more powerful powers are put within the fingers of judges who themselves aren't made in charge.
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Extra info for Democratization and the Judiciary: The Accountability Function of Courts in New Democracies
But the dilemma emerges because in a lot of cases, these extraordinary powers, conceived to preserve democracy, have been an instrument used by authoritarian governments to distort democracy and undermine the rule of law. This has been especially true in Latin America, where emergency powers have been used as a pretext for systematic human rights violations by antidemocratic regimes. Constitutional regimes and legal scholars have responded to this dilemma in different ways, which may be classified in three main groups.
Third, one of the most important and original interventions of the Constitutional Court has been its efforts to restrict the president’s use of state of siege measures. 1 The study has four parts. The first part shows the importance of judicial control of emergency powers, that is, the judicial checking of those constitutional powers given to the government in serious or war-like crises. The second part describes some features of Colombian politics and the legal system that are important to understand the context of Constitutional Court intervention.
This was a significant change in that the use of military justice to investigate civilians had been one of the key elements of the previous state of siege practice. In the third period, beginning with the enactment of the 1991 Constitution and up to the present, judicial control on emergency measures has become stronger, because the constitution not only now recognizes new fundamental rights but also poses stricter regulations on the use of emergency powers. In this context, the new Constitutional Court has been more strict in its judgments on government measures taken during any state of emergency.