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

Carlos Santiso ()

Brazilian Journal of Political Economy, 2003, vol. 23, issue 3, 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 (search for similar items in EconPapers)
Date: 2003
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