CEU Electronic Theses and Dissertations, 2025
| Author | Paiz Lemus, Luis Fernando |
|---|---|
| Title | Finding Judicial Independence: Rethinking the Supreme Court Selection Process in Guatemala |
| Summary | In 2024, the Supreme Court selection process for the 2024-2029 term took place in Guatemala amid widespread optimism that it would mark a step forward in consolidating judicial independence. Unfortunately, the outcome fell short of expectations, motivating the central research question of this thesis: How does the Guatemalan legal framework regulating the selection process of Supreme Court Justices hinder judicial independence and consequently the rule of law? This thesis examines the Guatemalan selection process through the lens of relevant academic literature and international standards, focusing on the concepts of judicial independence and institutional design, namely the selection process. The analysis draws particularly on the theorical framework proposed by Melton and Ginsburg, as well as Brinks and Blass, to critically assess the extent of which the selection process in Guatemala safeguards judicial independence. To illustrate the real-world implications of a weak institutional design, the case of journalist José Rubén Zamora is presented as an example of how deficiencies in the selection process of Supreme Court justices can directly undermine the administration of justice. The thesis concludes with a package of concrete recommendations aimed at reforming the legal framework governing the selection process in order to enhance transparency, accountability, and to finally find judicial independence. Keywords: rule of law, right to a fair trial, judicial independence, selection process. |
| Supervisor | Alvim Gomes, Juliana Cesario |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2025/paiz-lemus_luis.pdf |
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