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

Vol. 23 No. 3 (2003)

Jul-Sep / 2003
Published July 1, 2003
PDF-English
PDF-English

How to Cite

Santiso, Carlos. 2003. “The Elusive Quest for the Rule of Law: Promoting Judicial Reform in Latin America”. Brazilian Journal of Political Economy 23 (3):456-80. https://doi.org/10.1590/0101-31572003-0672.

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

Carlos Santiso
Departamento de Economia, Universidade de São Paulo, São Paulo/SP, Brasil.
Brazilian Journal of Political Economy, Vol. 23 No. 3 (2003), Jul-Sep / 2003, Pages 456-480

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