Constituted Powers in Constitution-Making Processes: Supreme Court Judges, Constitutional Reform

Abstract

This paper focuses on amendment processes, their characteristics and their influence in constitutional development. The paper analyzes amendment processes that adopt or reform judicial councils. The central hypothesis is that the constitutional decision regarding the degree of independence and powers delegated to Supreme Court Judges affect the design of judicial councils in future reforms. In particular, the more independent and powerful Supreme Court Judges are the more likely they will successfully influence future amendments that shape the composition and functions of judicial councils in such a way that serves the judges’ interests. Preliminary empirical analysis on all cases of amendments that create or reform judicial councils in Latin America suggests that there is evidence in line with the main hypothesis of the paper.