The Accountability Functions of Latin American Courts

Abstract

This chapter examines the accountability function of superior courts in three Latin American countries—Argentina, Chile, and Colombia—in the last two decades.¹ This comparison appears promising because the respective courts have assumed very dissimilar roles in countries that share a common colonial and independence history, similar legal traditions, and relatively parallel histories regarding the effects of the international economic environment. How, then, can we explain the different legal outcomes in these countries? More specifically, what explains the fact that some of the superior courts have exercised an active accountability function whereas others have been rather deferential to the executive?