Transitions to Democracy in Latin America

Focusing on the critical role of the judiciary in the transition to democracy in Latin America, this book examines the significance of the independence of the judiciary, which ensures institutional integrity and freedom from political pressures; discusses various theoretical and practical aspects of the judicial process, most notably trials; and analyzes the role of the prosecutorparticularly the independent prosecutorin the investigation of human rights abuses committed by government officials. Finally, contributors review the establishment of a judicial adjudicative tradition. The transition to democracy in Latin America encompasses adjustments in norms and institutions regarding the strictures of the rule of law. This book addresses the critical role of the judiciary in the transition. The contributors examine the significance of the independence of the judiciary, which ensures institutional integrity and freedom from political pressures, and discuss various theoretical and practical aspects of the judicial process, most notably trials. They examine specifically how a system could be devised that would combine procedural formalities with the need for expedience in the pursuit of substantive justice.The book also focuses on the role of the prosecutorand particularly the independent prosecutorin the investigation of human rights abuses commited by government officials. The establishment of a judicial adjudicative tradition, and justifications for judicial review are discussed as well. The volume offers valuable insights into how peaceful transfers of power help strengthen and reinforce the defense of human rights. It also provides significant evaluations of the role the judiciary might play in this important process.