The Sociological Concept of Judicial Legitimacy. Note for the Analysis of Latin American Constitutional Courts

ALBA RUIBAL

Mexican Law Review

Instituto de Investigaciones Jurididas, Universidad Nac. Autonoma de Mexico

Año: 2011 vol. 3 p. 344 - 356

0188-0837

This note presents a survey of the main issues discussed in the literature on judicial legitimacy from a sociological perspective. It focuses on the factors that may affect the legitimacy of judicial organs, and in particular that can influence diffuse support for courts. It offers a theoretical framework for the analysis of the legitimacy of constitutional courts in Latin America. Based on the theoretical and empirical findings in the literature, the note argues that in order to increase their legitimacy, constitutional courts in Latin America should give special attention to questions of transparency and accountability in their procedures and decision-making.