The Limits of Judicial Independence

Abstract

Two assumptions frequently underlie discussions concerning the transitions from dictatorship to democracy that occurred in Latin America in the 1980s. The first is that the judiciary will have an important role to play in the new democratic regimes, and the second is that every effort must be made to assure the judiciary's independence. I can readily embrace both assumptions, but hesitate because I believe that the concept of judicial independence is far more complex than first appears.