Abstract

MEJIA RESTREPO, ANDRÉS FERNANDO  and  PABON GIRALDO, LILIANA DAMARIS. Who Judges? Designing Courts of Constitutional Decision Making in South America. Rev. Derecho Estado [online]. 2024, n.58, pp.91-119.  Epub Feb 16, 2024. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n58.04.

One of the characteristic features of modern democratic states is the judicial review. The proper exercise of this function by courts is essential for the assurance of constitutional rule of law. As such, adequate levels of independence and accountability to audiences are of utmost importance. This article details the institutional structure of constitutional tribunals in South America based on comparative law methods according to several variables. Based on these, general guidelines are proposed for the design and reform of courts in order to achieve the best outcomes.

Keywords : Institutional design; independence; judicial review; courts.

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