In search of a democratic justice - what courts should not do: Argentina, 1983-2002

Author: Roberto Gargarella

Source: Democratization, Volume 10, Number 4, November 2003 , pp. 181-197(17)

Publisher: Routledge, part of the Taylor & Francis Group

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Abstract:

This study examines why, after so many years of economically costly judicial reforms in La1in America, the judicial system in most of the region is s1i11 working so poorly. The study assesses that part of the problem stems from a wrong theoretical analysis. Academics and leading reformers alike have placed too much emphasis on the politically dependent character of many Latin American judges, or the lack of basic resources both among judges and the people at large - such things as good salaries, administrative facilities, training, education and information. However, these serious problems are only part of the story. The case of Argentina shows that in order to reflect properly on future judicial reforms we should mainly concentrate our attention on the (questionable) constitutional 'means and motives' that have already been granted to the judges.

Document Type: Research article

DOI: 10.1080/13510340312331294087

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