Some legal systems have significantly strengthened supreme courts or constitutional courts over the past few decades and allowed decisions about various matters to be contested before them. In some Latin American countries, these courts can adjudicate legal disputes related to the judicial councils and determine its key structural elements. However, this is not the only mechanism available to these courts to define these structural aspects. Thus, this paper addresses the following question: What are the main ways high courts in Latin America decide structural issues concerning judicial councils, and which of these mechanisms are most likely to shape these bodies? To answer this question, bibliographic and jurisprudential research was conducted on four countries, highlighting various dynamics. As a result, the study found that these four courts exercised their influence in different ways and that the process of transfer of powers from the courts to councils was reversed in some cases.
Ragone, S., Tavares Fernandes Dos Santos, B. (2025). Relationship between high courts and judicial councils: Classifying and mapping their dynamics in latin american countries. REVISTA GENERAL DE DERECHO PÚBLICO COMPARADO, 38, 90-116.
Relationship between high courts and judicial councils: Classifying and mapping their dynamics in latin american countries
RAGONE SABRINA;
2025
Abstract
Some legal systems have significantly strengthened supreme courts or constitutional courts over the past few decades and allowed decisions about various matters to be contested before them. In some Latin American countries, these courts can adjudicate legal disputes related to the judicial councils and determine its key structural elements. However, this is not the only mechanism available to these courts to define these structural aspects. Thus, this paper addresses the following question: What are the main ways high courts in Latin America decide structural issues concerning judicial councils, and which of these mechanisms are most likely to shape these bodies? To answer this question, bibliographic and jurisprudential research was conducted on four countries, highlighting various dynamics. As a result, the study found that these four courts exercised their influence in different ways and that the process of transfer of powers from the courts to councils was reversed in some cases.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.


