Why do courts hold political power-holders accountable in some democratic and democratizing countries, but not in others? And, why do some courts remain very timid while others - under seemingly similar circumstances - become 'hyper-active'? This is valuable contribution to the ongoing debate over the issue of democratic accountability.Introduction: Power and Accountability in Latin America and AfricaCourts' Accountability Functions: A Framework for InquiryThe Accountability Functions of Latin American CourtsExplaining the Rise of Accountability Functions of Costa Rica's Constitutional CourtComparing Courts' Accountability Functions in AfricaDoes Legal Tradition Matter? The Emerging Accountability Functions of Mozambican High Courts
Why do some high courts hold political branches to account and others not? What explains the judiciary?s strong or weak defense of rights? And what role are courts playing -or not playing- in strengthening democracy in Latin America and Africa? This excellent volume advances a sophisticated comparative framework that seeks to explain the changing nature of courts accountability function across a wide range of countries. Focusing on courts as a part of a complex accountability nexus involving institutions, power holders, and citizens, the authors convincingly argue that only complex, multi-causal frameworks can explain the changing behavior and role of courts. Through robust comparative analysis, this book significantly furthers our understanding of the role and potential of the judiciary in strengthening rights-based democracy and makes an important contribution to the existing literature. - Rachel Sieder, Centro de Investigaci?n y Estudios Superiores en Antropolog?a Social (CIESAS), Mexico
This very interesting book is worth reading for any comparativist interested in courts, inter-branch relations, or democracy and good governance more broadly. It approaches courts from a slightly different perspective, avolÓ.