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Almost two decades ago (in 1998), the late Guillermo O’Donnell
made a landmark contribution to the study of democratization,
when he called for a focus on what he labeled ‘horizontal
accountability’, that is to say, the process by which institutions linked to the rule of law
(courts, national audit offices, and the like) make political authorities accountable when
they violate basic aspects of the rule of law and constitutionalism (such as human rights
and the principle of separation of powers), or engage in other types of abuses (nepotism or
corruption) during the period in-between elections.[1] According to O’Donnell, in these
regimes political authorities that had been democratically elected then ruled unconstrained
by independent institutions, something which not only prevented democratic consolidation,
but that was a source of daily misery for millions of people living under such ‘delegative
democracies.’
One such case if Chile, where the weight of the institutions of horizontal accountability in
particular, the Constitutional Court, is threatening the capacity of the majority of the people
to decide—through their representatives—on key policies. This is due to the unrestrained
activism of the current conservative majority of the Court, which has become an instrument
at the disposal of right-wing parties and business associations.
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Another example of the risk of an excess of horizontal accountability is the petition recently
made by former President Correa (of Ecuador) to the Organization of American States
(OAS) to try and stop a referendum called by President Moreno, which will ask the people—
among other things—whether or not they want to reinstate presidential term limits (which
Correa had abolished several years ago).
Finally, if the ‘vacancy’ of President Pedro Pablo Kuczynski (of Peru) is declared this week,
he will be the second chief executive to have been forced out of power within the past year
or so (the last one was the former President of Brazil, Dilma Rousseff, who was removed
from her office in August 2016, accused of corruption).
[2] Luna, Juan Pablo, and Alberto Vergara, “Latin America’s Problems of Success,”Journal
of Democracy 27.3 (2016): 158-165.
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