ABSTRACT
In this chapter I will analyze the capacity of Latin American judiciaries during the 1990s to check the executive power as they are supposed to do, according to the separation of powers and the system of checks and balances adopted in their constitutions. In practice, the judiciaries of the region have found great difficulties in transforming themselves into effective political counterbalances-especially towards the executive branch and the military-1 even after deep judicial reforms have been implemented. These reforms have paid special attention to the independence of the judicial branch. However, most authors point out that such autonomy should not be considered an end, but a means to obtaining impartial courts, that will not yield to undue influences either from other branches of government or the military. Within a liberal democratic system, independent judges should also be capable of checking other branches of government effectively in an impartial manner, in order to be considered true guardians of the constitution.2
