ABSTRACT
This chapter examines the role of the judiciary and its contribution to democratic rule in Latin America. European influences affected the development of Latin American judiciaries extensively than its executives. To assess the role of the court and the challenges of judicial reform, the chapter compares and contrasts the legal traditions of common law and code law; review measures of judicial independence, power, access, and efficiency; and discusses the relevance of courts in contemporary Latin America. To evaluate the role of the courts in the rule of law, analysts have developed a number of concepts, but four stand out: power, independence, access, and efficiency. After the transitions to democracy, judicial reforms in most Latin American states focused on the power and independence of the courts. Despite modest gains in the judicialization of politics, the relevancy of the courts remains a distant goal in most Latin American countries. The chapter concludes with a case study of the judicial branch in Mexico.
