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The elusive quest for the rule of law: promoting judicial reform in Latin America

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  • Carlos Santiso

Abstract

While there exists a consensus on the centrality of the rule of law both for economic development and democratic consolidation, the political economy of legal and judicial reform remains largely under-theorized. The review essay underscores the tensions and trade-offs between the different strategies and objectives of judicial reform in Latin America. Contrasting the experiences of Argentina and Brazil, it high- lights the delicate balance between independence and accountability. It also assesses the role of donor institutions, and in particular the multilateral development banks, in promoting judicial reform. It argues for a more realistic approach to judicial governance, focusing on feasible reforms. JEL Classification: F35; K00; H81; H83.

Suggested Citation

  • Carlos Santiso, 2003. "The elusive quest for the rule of law: promoting judicial reform in Latin America," Brazilian Journal of Political Economy, Center of Political Economy, vol. 23(3), pages 456-480.
    • Handle: RePEc:ekm:repojs:v:23:y:2003:i:3:p:456-480:id:909
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    File URL: https://centrodeeconomiapolitica.org.br/repojs/index.php/journal/article/view/909/2109
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    Citations

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    Cited by:

    1. Deval Desai & Michael Woolcock, 2012. "The politics of rule of law systems in developmental states: 'political settlements' as a basis for promoting effective justice institutions for marginalized groups," Global Development Institute Working Paper Series esid-008-12, GDI, The University of Manchester.
    2. Blome, Kerstin, 2011. "Wie erfolgversprechend ist die Reproduktion institutionellen Designs? Individualbeschwerden im Kontext des Inter-Amerikanischen Menschenrechtssystems sowie des juristischen Systems der Andengemeinscha," TranState Working Papers 144, University of Bremen, Collaborative Research Center 597: Transformations of the State.

    More about this item

    Keywords

    Rule of law; justice reform; accountability institutions; Latin America; Brazil; World Bank; Inter-American Development Bank;
    All these keywords.

    JEL classification:

    • F35 - International Economics - - International Finance - - - Foreign Aid
    • K00 - Law and Economics - - General - - - General (including Data Sources and Description)
    • H81 - Public Economics - - Miscellaneous Issues - - - Governmental Loans; Loan Guarantees; Credits; Grants; Bailouts
    • H83 - Public Economics - - Miscellaneous Issues - - - Public Administration

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