Legitimacy of the Judicial System and Lay Participation in Judicial Making Processes in Argentina

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Title: Legitimacy of the Judicial System and Lay Participation in Judicial Making Processes in Argentina
País: Argentina
Idioma: English
Fuente: Fuente: Universidad Nacional de CórdobaFuente: Universidad Nacional de Córdoba
Reseña: As Tocqueville pointed out, countries in which juries have existed for many years show a strong public trust in the judiciary. It is interesting to ask whether these positive effects on legitimacy are also found in the countries that have recently introduced lay participation in judicial decision-making processes. The question is particularly relevant when trust in justice is low, as is the case in Argentina. This paper explores the relationship between lay participation in judicial decision-making processes and trust in the judicial system in the Argentine province of Córdoba, where mixed tribunals were introduced in 2005 to deal with some aberrant crimes and cases of corruption. Data obtained in two public opinion studies, conducted in 1993 and 2011 are used to discuss this issue. This paper also compares other survey data (Latinobarometer series 1995-2011) in order to review trends in trust in the judiciary in Argentina. The evidence shows that people who have performed jury service have a better opinion about courts. However, there has been little effect on the perceived legitimacy of the judicial system among common citizens, which is likely due to the limited scope of lay participation in Córdoba to date.


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