ABSTRACT

The ambition of this collection is to examine the contribution of courts to the rule of law and governmental accountability. By ‘rule of law’, scholars and policy makers usually mean that (1) government officials and others act in accordance with the letter of the law, (2) people accused of crimes or civil infractions under the law receive due process, and, more controversially, (3) the laws themselves accord with some universal standards of justice, often captured in United Nations covenants. We typically think that accountability improves when rule of law exists. That is, members of the public may be able to make officials responsible by challenging infractions in courts able to provide a fair hearing. Citizens may also block laws that conflict with principles stated in constitutions by triggering judicial review of legislation. If elections provide citizens one way to remove politicians who engage in malfeasance or fail to manage collective resources competently, the courts provide an alternative avenue for such action between campaign periods.