JUDICIAL REVIEW OF DESTITUTORY DECISIONS ARISING OUT POLITICAL RESPONSIBILITY: AN ANALYSIS FROM DIFFERENT INSTITUTIONAL SETTINGS

Abstract

The political responsibility of governments and of public officers, elected or not, it is subject that generates controversies and uncertainties in theoretical discussions and political and legal debates. Among the various aspects of the political responsibility of public officials and the instruments of its achievement is stormy the problem about the feasibility of its judicial review. This article proposes to examine the impact of different institutional environments in terms of political responsibility to propose some answers to this problem. It intends to demonstrate that destitutory decisions in political-legal judgment in systems that adopt the impeachment are exceptionally permissible to judicial review, but the same does not apply to other types of destitutory decisions, such as those arising from ministerial responsibility in parliamentarism and those arising from revocatory referendum, at least in principle.