Abstract

http://ssrn.com/abstract=922393
 
 

Footnotes (141)



 


 



Judicial Independence and the Rule of Law: Lessons from Post-Menem Argentina


Christopher J. Walker


Ohio State University (OSU) - Michael E. Moritz College of Law

2007

Southwestern Journal of Law and Trade in the Americas, vol. 14, pp. 89-118, 2007

Abstract:     
Argentina, like much of Latin America, has historically been plagued by what some call delegative democracy or a democracy without any developed rule of law. However, the Kirchner Administration has brought a glimmer of hope to the twentieth-first-century Argentine democracy. President Néstor Kirchner was elected in 2003, after what was probably the most serious institutional, financial, and economic crisis in Argentina in recent times. When elected, Kirchner promised to address the perceived lack of independence of the Supreme Court and to restore the rule of law. This paper explains why Kirchner's efforts, without more, will not be enough to (re-)build the rule of law in Argentina.
Moreover, the Argentine case study provides several important lessons for those promoting the rule of law in developing countries. This paper focuses of three of those lessons. Lesson No. 1 involves contextualizing Kirchner's reforms, so that they can be evaluated within the particular institutions and local context that have shaped existing norms. Lesson No. 2 discusses why Kirchner's reforms are not enough to rebuild the rule of law and why a more diversified approach is needed. This Lesson also looks specifically at the role of state-building and the importance of combating corruption and restoring transparency to the political process. Lesson No. No. 3 emphasizes public trust and patience.

Number of Pages in PDF File: 30

Keywords: judicial reform, rule of law, Argentina, Latin America, judicial independence, democracy

Accepted Paper Series





Download This Paper

Date posted: August 8, 2006 ; Last revised: February 27, 2010

Suggested Citation

Walker, Christopher J., Judicial Independence and the Rule of Law: Lessons from Post-Menem Argentina (2007). Southwestern Journal of Law and Trade in the Americas, vol. 14, pp. 89-118, 2007. Available at SSRN: http://ssrn.com/abstract=922393

Contact Information

Christopher Jay Walker (Contact Author)
Ohio State University (OSU) - Michael E. Moritz College of Law ( email )
55 West 12th Avenue
Columbus, OH 43210
United States
614-292-2631 (Phone)
HOME PAGE: http://moritzlaw.osu.edu/faculty/professor/christopher-j-walker/
Feedback to SSRN


Paper statistics
Abstract Views: 1,505
Downloads: 513
Download Rank: 30,401
Footnotes:  141

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo5 in 0.344 seconds