The ability of the executive and legislative powers to effectively lead their country's economy is seriously diminished by the excessive actions of the judicial branch, especially the Constitutional Courts.
EDITORIAL
It is happening in Central America but it is a growing problem throughout Latin America. The legitimate concern to guarantee that all citizens fully exercise their rights under the very welcomed liberal democracy, has created a culture of acceptance of virtually all proceedings filed in courts against executive actions taken by the government, and also against laws which have been formally approved.
A survey has revealed that 73% of Nicaraguan entrepreneurs distrust the country's judicial system, and perceive the state as very corrupt.
Despite this result, the fourth survey on Trust and Corporate Intent, conducted by the Nicaraguan Foundation for Economic and Social Development (Funides), notes a slight improvement in the situation.
"In a survey conducted by Funides with 58 companies representing 30% of the gross value of production of the country, employers said that in addition to the distrust in the application of justice, they also perceive a lot of corruption in state institutions," reported nuevodiario.com.
Key figures for each country: Budget, Expense per capita, Case resolution rate, Transparency, Number of judges and courtrooms and Perception of independence.
A society’s development is heavily based on its ability to peacefully, rapidly and impartially resolve conflicts through its judiciary system. This is why modern societies work hard to have strong and efficient systems, way beyond the rhetoric and formal division of powers.
Throughout the region, arbitration and conflict resolution laws recognize and reflect the fundamental principle of "judicial assistance."
Part 2 of the analysis by Álvaro Castellanos Howel in an article published in the blog section of Eleconomista.net insists on the idea that judges should be limited to serve as assistants in the processes of private arbitration.
The region already has rules for arbitration and other alternative methods for conflict resolution that are in line with international standards regarding arbitration.
The analysis of Álvaro Castellanos Howel in the article published in the Eleconomista.com Blogs section focuses on the need for the state judicial system to understand its role in assisting and working with arbitration and dispute resolution systems.
According tot he Latin Barometer Report, the perception by people is that is it is possible: 31% in El Salvador, 33% in Costa Rica, in Nicaragua 34%, Honduras 35%, Panama 41%, and Guatemala 44%.
According to surveys throughout Latin America, it is easier to bribe a police officer than a judge. 54% of Venezuelans and Argentinians say that a judge can be bribed. In Paraguay it is at 47%. Chile is the last on the list, at 18%.