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Judicial Corruption: The Constitutional Court of Ecuador in Comparative Perspective

Abstract:

This chapter investigates judicial corruption by illuminating the contrast between the high expectations generated by the construction of strong courts via ambitious reform efforts, and the reality of pervasive corruption within those same judicial institutions, especially where political power is concentrated. It examines the case of Ecuador, where a Constitutional Court with very broad formal powers granted by the 2008 Constitution was at one point in its history the site of corrupt exchanges between judges, lawyers and politicians. Crucially, such exchanges thrived when political power was concentrated: politicians demanded favourable decisions on specific issues and in exchange offered credible protection for judges seeking to engage in corrupt dealings with high-flying private litigants.