A new law passed in El Salvador requires the country’s Supreme Court decisions to be unanimous.

The legislation could be considered a hurdle or a stumbling block to the principles of separation of powers and independence of the judiciary, fundamental to any democracy or any rule of law.

As El Salvador, as a country, is consolidating its democracy, it should pay particular attention to the full independence of the judiciary and the principle of separation of powers enshrined in international instruments of which it is a party and which are enshrined in the Salvadoran constitution.

The other branches of government aren’t expected to and to force the country’s highest court to take judicial decisions unanimously, as the matters that fall within its competence are, by their very nature and complexity, controversial.

The law, if followed, would block the activity and the effective functioning of the country’s highest court and therefore substantially limit the rights of Salvadorian citizens to appeal to that court in defence of their fundamental rights.

Efforts must be made to repeal the law to prevent the justice system from falling into paralysis.

Threat to Judicial Independence

REPORTED BY BIKRAM  SINGH RANA