ABSTRACT
The judiciary plays many important roles in a country's transition to democracy. Below is a fictitious opinion recently drafted by Justice Jose Pierdoro, a fictitious figure in the reconstituted Corte Suprema de Justicia de la Nacion in the case of Martinez v. Provincia de Mendoza. This opinion reflects the communications function of judicial opinions, an important judicial function in the transition to democracy. Justice Pierdoro delivered the opinion of the Court. The judiciary will have failed to play its role in fostering the development of a constitutional democracy. One totalitarian government will have replaced another, albeit in the name of the People. The judiciary must have more than a "command-obedience" relationship with the people. The relationship must rest on the authoritative, as distinguished from authoritarian, quality of court opinions. A judiciary's contribution to the delicate enterprise of building a democratic government requires the opinions of its judges be comprehensible and worthy of trust.
