Rendición de cuentas y el estado de derecho en la consolidación de las democracias

Abstract

This paper presents a taxonomy of accountability and the rule of law with respect to both substance and process. It begins with efforts to establish “law and order” under the criminal law and with the use of the law to deal with abuses of the past regime. Next, the paper discusses law as an organizer of private economic activity. Following this discussion of “private” law, the next section deals with law as the basis for state organization and authority concentrating on the fundamental question of how law can be used to hold state offi cials accountable. Accountable policymaking involves the provision of information, open procedures, and the establishment of private organizations to contest government policies. Finally, a section considers the role of the judiciary as a guarantor of both private law and publicly accountable government. The article concludes with some thoughts about priority setting in consolidating democracies.