Democratization and the Judiciary: The Accountability by Siri Gloppen, Roberto Gargarella, Elin Skaar

By Siri Gloppen, Roberto Gargarella, Elin Skaar

This name examines the political position of courts in new democracies in Latin the US and Africa, targeting their skill to carry political power-holders dependable after they act outdoor their constitutionally outlined powers. The ebook additionally matters a caution: there are difficulties inherent within the present international circulation in the direction of powerful constitutional govt, the place more and more powerful powers are positioned within the palms of judges who themselves are usually not made in charge.

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28 These ideas never disappeared, and reformers drew on them as the need and opportunity arose. For the poor, court congestion meant that reconciliation, or conciliation, held out some promise as a means for resolving disputes. Conciliation services developed in conjunction with crowded small claims courts. In most regions of the country it remained relatively unpopular, at least until succeeded by modern mediation services. Labour arbitration attracted interest in the late 1800s as violent clashes between workers and businesses heightened anxiety that a society fresh from war over slavery might plunge into a new kind of conflict.

Law, especially constitutional law, has thus played an important role in Colombian politics. Besides, until very recently, Colombia was seen as economically and politically stable, at least according to Latin-American standards. However, Colombia has not really been a consolidated democracy, due to three important shortcomings. First, for long periods at a time, Colombia has faced high levels of violence, not only political violence, but also in the ordinary life of citizens. The homicide rate over the last two decades has been about 70 per 100, 36 THE CONSTITUTIONAL COURT IN COLOMBIA 000 inhabitants—one of the highest in the world.

Judgement C-004/1992 was the first time the court controlled a declaration of a state of emergency. It was a state of social emergency, something the framers of the constitution had devised to meet very serious economic crises or natural catastrophes. The reasons invoked by the government were general social unrest and a threat of strike by some police officers because of low wages. The government argued that emergency powers were necessary to urgently increase the wages of police officers and other state servants in order to avoid a possible strike.

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