The elusive quest for the rule of law: promoting judicial reform in Latin America
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.
Keywords: Rule of law, justice reform accountability institutions Latin America Brazil World Bank Inter-American Development Bank