Judicial Accountability and/or Judicial Independence
Judicial accountability is seen in confrontation with judicial independence. Populist and illiberal attacks on courts thrive on putting an end to judiciary accountability. Beyond being an important Jurisprudence matter, recent developments in constitutional design and politics have shown that the pendulum moves one way or the opposite one, ranging from suspicious measures of control to excessive autonomy without any responsibility. Poland, for example, presents the defiant case of the creation of a Disciplinary Chamber in the Supreme Court that asked for the jurisdiction of the European Court of Justice, crowning a process of judicial capture that has been widely criticized. Brazil, on the other way around, counts with a Judicial Council with a case law with low accountability. This panel aims at debating the different ways by which accountability must attached to independence without loss of any of these values, referring to comparative constitutional design and critical approaches.