LAW: Judicial Independence as a Political Virtue

Judicial independence is necessary to limit corruption and ensure a functioning constitutional democracy. Javier Couso analyzes characteristics of autonomous courts in Latin America.

Of the many technologies of governance that characterize our era, judicial adjudication is crucial, since it ends up arbitrating all sorts of conflicts. From electoral disputes to corruption scandals to determining the scope of fundamental rights enjoyed by the people, courts are often the arenas where the final, authoritative word is uttered. In fact, their role is so critical that the very notion of a constitutional democracy would be unworkable without a set of properly functioning courts.