Law and Democracy in Latin America

«Judicial Independence and Democracy

Brinks Study Questions

  1. There are two aspects of a judicial system we might seek to control: judicial preferences and judicial decision-making. What is the difference between these two?
  2. What kinds of institutional mechanisms affect which of these two aspects?
  3. What is the difference between the following two dimensions?
    1. Autonomy, which can range from a fully autonomous to a tightly controlled court, and
    2. Independence, which can range from fully independent to completely partisan courts
  4. If we adopt this definition of independence, is more independence always better?
  5. How would you characterize the Supreme Court in Argentina, after Kirchner became president?
  6. Which institutional changes led to changes on the court?