The Appointment and Removal Process for Judges in Argentina

The Role of Judicial Councils and Impeachment Juries in Promoting Judicial Independence

Bibliographic Data

ID2998597
AuthorsRebecca Bill Chávez, Rebecca Chavez (corresponding author)
Year2007
Volume49
Issue2
Pages33-58
Publication date2007-01-01
Open AccessYes
TypeARTICLE
VenueLatin American Politics and Society (JOURNAL)
Journal identifiersISSN: 1531-426X • E-ISSN: 1548-2456
PublisherCambridge University Press (CUP) (PUBLISHER)
DOI10.1111/j.1548-2456.2007.tb00406.x
OpenAlexW1995348482, W4240606750
LanguageEN
Citations received9
References cited5

This article explores the conditions that allow judicial councils and impeachment juries to promote judicial autonomy. In theory, these bodies intervene in the appointment and removal of judges in order to reduce executive control over court composition, thereby promoting judicial independence. Using the case of Argentina at the federal and the subnational levels, this study demonstrates that competitive politics enhances the capacity of judicial councils and impeachment juries to bolster judicial autonomy. Interparty competition provides incentives for the executive to develop a meaningful system of checks and balances, which includes an independent judiciary that can check executive power. In contrast, monolithic party control-defined as a prolonged period of unified government under a highly disciplined party-permits the executive to maintain a monopoly on power and thereby control judicial appointments and removals

Autonomy · Economics · Executive power · Impeachment · Incentive · Judicial activism · Judicial discretion · Judicial Independence · Judicial review · Management · Political science · Politics · Separation of powers · International Arbitration and Investment Law · Judicial and Constitutional Studies · Law · Law, Economics, and Judicial Systems · Legal and Constitutional Studies · Public Administration

Tools

Open DOISci-Hub