Judicial Independence in Media Society: Challenges and Strategies

Abstract

In the context of a media society, judicial independence is not guaranteedanymore by institutional norms that guide its functioning. Judges used tohave a fixed role in the democratic system but now they face the challengeof defining its own identity. That process is developed within the frameof a closer relationship with the society they belong to. Thus, legitimacyconstruction acquires special relevance. Courts must take strategic decisionsthat define its main features and condition its ability to intervene inpublic affairs. In this essay, we try to develop a theoretical framework forthe former statements and analyze the case of Argentina Supreme Courtto illustrate some of the categories used throughout the paper.