Centered around the question of “independence,” political science studies on justice in Latin America have shown a recurring concern in identifying its underlying institutional conditions. However, beyond its theoretical conceptualizations, independence is also an indigenous category, or even a construct that participates in the legitimization of different modes of organization and functioning of judicial institutions and their relationship to politics. Based on the case of Ecuador and the appointment of high court magistrates, this article explores how different institutional configurations are based on their own representations of judicial independence. Its definition is therefore fluid and depends on the solidity of the political agreements that underlie such specific configurations.
- High magistrature
- Judicial independence
- Latin America
- Supreme courts