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New GIGA Focus Latin America | Facing the Stress Test: Courts and Executives during the COVID-19 Pandemic

GIGA Focus | Latin America | Number 06 | December 2022 | ISSN 1862-3573.

Facing the Stress Test: Courts and Executives during the COVID-19 Pandemic / Mariana Llanos, Cordula Tibi Weber.

The COVID-19 pandemic’s onset imposed the need for immediate political reactions to protect the domestic population. For some months, decision-making was delegated to the executives while legislatures lost temporary influence. In such a situation, courts have an important role in checking the excesses of executive power.

Latin American high courts decided on a broad range of pandemic-related cases and showed the willingness – when not the ability – to control executives also under the exceptional situation of the pandemic.

Given the region’s long history of intermediate judicial independence, one that is characterised by political interference, many expected such actions would only propel democratic backsliding during the pandemic. However, the active role of courts has largely underscored the continued relevance of institutional checks and balances.

The highest courts were central to keeping in check two illiberal presidents, Jair Bolsonaro in Brazil and Nayib Bukele in El Salvador, albeit with different outcomes. Whereas in Brazil the attempts to undermine judicial autonomy would be unsuccessful (and Bolsonaro eventually lost the electoral contest), Bukele’s party used its majority in the Legislative Assembly to pack the court as soon as it obtained the legislative votes to do so.

Unless presidents have legislative majorities to successfully manipulate an independent court, they rely on informal means of interference such as harsh rhetoric, defamation of judges on social media, or joining demonstrations against these institutions.

Policy Implications:

Strong courts that control executives’ power excesses bear the risk of attack by illiberal presidents. During emergencies like the current pandemic, this danger increases given the need for immediate decision-making. To overcome adversity, courtsneed to find allies in other institutions. Regional and international observers can help if they strongly condemn political interference with judicial independence and publicly denounce attacks against courts that may help undermine democracy.

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OpenEdition le sugiere que cite este post de la siguiente manera:
REGARDS CNRS (12 de diciembre de 2022). New GIGA Focus Latin America | Facing the Stress Test: Courts and Executives during the COVID-19 Pandemic. Redial & Ceisal. Recuperado 1 de noviembre de 2024 de https://doi.org/10.58079/thun


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