Abstract

MONTOYA, Ana María. "If You Do Not Go to the Senate, You Will Never Be a Judge" Informal Institutions and Selection Criteria for Judges of the Constitutional Court in the Colombian Senate (1992-2009). colomb.int. [online]. 2013, n.79, pp.155-190. ISSN 0121-5612.

Judicial appointments are political processes shaped by both formal and informal practices. This article asks why certain candidates are elected as judges to the High Courts while others are not. More specifically, what have been the criteria in the election of judges to the Colombian Constitutional Court in the Senate, from 1992 to 2009. Using qualitative and quantitative analysis, I argue that, like in the United States, ideological and political considerations guide the appointment of these Judges. Other criteria, like their demographic characteristics or their professional qualifications, also play a role. Nonetheless, the main finding is that lobbying directly by candidates or through a political promoter is a determinant informal institution in the selection of the Judges of the Constitutional Court. It is a necessary condition for the other aspects to come together in the final senatorial choice.

Keywords : Judicial appointments; judicial selection; Constitutional Court; lobby; informal institutions.

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