The Judiciary and Democratic Decay in Latin America - by William Prillaman (Hardcover)

About the Book

Prillaman argues that a sound judiciary is critical for building popular support for democracy and laying the foundations for sustainable economic development, but that most Latin American governments have made virtually no progress toward building a more effective judiciary. He shows that the traditional approach to judicial reform is flawed on several levels. Reformers are wrong to focus on a single aspect of the judiciary on the assumption that one reform naturally leads to another. In fact, all aspects of the courts are so closely related that failure to reform one aspect creates a negative synergy that ultimately undermines the reformed areas. Instead, a successful reform strategy must simultaneously tackle independence, accountability, access, and efficiency; otherwise, it is virtually assured of failure.

As Prillaman points out, judicial reform is not merely a technical process that can be isolated from broader economic and political forces. Rather, it is an inherently political process that will be opposed by forces ranging from politicians accustomed to stocking the courts to judges and court personnel reluctant to accept greater oversight and professional norms. Based on four case studies, Prillaman concludes that failed judicial reforms have led to growing support for mob lynching and vigilante justice that promises to fill the void created by ineffectual courts--ultimately challenging the quality and sustainability of democracy. An invaluable survey for political scientists, students, and researchers involved with democratic consolidation, institution building, and comparative judicial politics in Latin America specifically and the developing world in general.

Book Synopsis

Prillaman argues that a sound judiciary is critical for building popular support for democracy and laying the foundations for sustainable economic development, but that most Latin American governments have made virtually no progress toward building a more effective judiciary. He shows that the traditional approach to judicial reform is flawed on several levels. Reformers are wrong to focus on a single aspect of the judiciary on the assumption that one reform naturally leads to another. In fact, all aspects of the courts are so closely related that failure to reform one aspect creates a negative synergy that ultimately undermines the reformed areas. Instead, a successful reform strategy must simultaneously tackle independence, accountability, access, and efficiency; otherwise, it is virtually assured of failure.

As Prillaman points out, judicial reform is not merely a technical process that can be isolated from broader economic and political forces. Rather, it is an inherently political process that will be opposed by forces ranging from politicians accustomed to stocking the courts to judges and court personnel reluctant to accept greater oversight and professional norms. Based on four case studies, Prillaman concludes that failed judicial reforms have led to growing support for mob lynching and vigilante justice that promises to fill the void created by ineffectual courts--ultimately challenging the quality and sustainability of democracy. An invaluable survey for political scientists, students, and researchers involved with democratic consolidation, institution building, and comparative judicial politics in Latin America specifically and the developing world in general.

Review Quotes

"Dr. Prillaman's study is an important and innovative contribution to our discussion of democratic consolidation in Latin America. It is clear that democracy will remain a distant goal until the issue of judicial reform is addressed by a new generation of political leaders. The author is right on when he emphasizes the judicial reform, for better or worse, is an inherently political rather than technical process.' This book helps explain why judicial reform has been overlooked in the overall reform agenda and why it must receive a very high priority if we are to avoid an alarming trend toward democratic decay."-Riordan Roett School of Advanced International Studies, Johns Hopkins University

"Prillaman's study fills an important gap in contemporary literature about democratic consolidation in Latin America. Not only is it one of the few that concentrates on the judiciary, it practically stands alone in adopting a comparative approach and providing a theoretical framework for making comparisons. Above all, he reminds us that judicial reform is a political process whose success or failure depends not just on technical or administrative tinkering, but on the determination of key political actors to establish the rule of law."-Paul Lewis Tulane University

"Prillaman's study of the judiciary in Latin America is a unique contribution to the literature on comparative judicial politics. There is no comparable study of the successes and failures of attempts to reform the judiciaries and establish the norm of rule of law in South America. Highly recommended reading for not only students of public law but also comparative politics."-David M. O'Brien Spicer Professor University of Virginia

"Scholars of democratic consideration in Latin America have long insisted that sustainable democracy depends largely on institution building and state reform. But in spite of the considerable attention given to executive and legislative institutions in recent years, we still know woefully little about the judicial branch in Latin America and its relationship to politics. Prillaman's well-researched book, with its cross-national and comparative approach to judicial reform in the region, fills a major void in the literature on Latin American politics. The book should be read by both students and practitioners of judicial reform in Latin America and the developing world."-Timothy J. Power Florida International University

"This book is a trenchant analysis of a vital but generally underappreciated component of modernization in Latin America. Without an accessible, impartial, and efficient system for the administration of justice and resolution of disputes, there can be neither fully consolidated democracy nor a smoothly working market economy. Dr. Prillaman's case studies of El Salvador, Brazil, Argentina, and Chile provide vivid examples of good intentions gone awry and suggest criteria for greater success. This book should be of interest not only to lawyers but also to political scientists, economists, and political leaders interested in bringing Latin America fully into the 21st century."-Ambassador Lincoln Gordon The Brookings Institution U.S. Ambassador to Brazil, 1961-66 Assistant Secretary of State for American Republic Affairs, 1966-67

"This is a major new contribution to the literature on democratization in Latin America. The conclusions are so compelling and important that it ought to be read by specialists and generalists alike, indeed by anyone interested in why consolidating democratic systems falter. It is lucidly written and prodigiously researched. Perhaps best of all, Dr. Prillaman provides practical prescriptions for nations seeking to reform and institutionalize their judiciaries. Hopefully this impressive work will be widely read in Latin America."-Brian Latell Georgetown University

"This study is a pioneering evaluation on the role of the judiciary in democratic governance in Latin America. Involving citizen confidence in the judicial system and the accountability of political authorities, it provides a comparative analysis for all those interested in the progress and strategies for judicial reform in the region."-David Jordan University of Virginia

?In this superb analysis of Latin America's judiciary, Prillaman disputes the conventional wisdom that successful reforms are incremental and best left in the hands of the courts.?-Foreign Affairs

?Prillaman has written a highly informative and well documented volume which represents an invaluable addition to the literature on judicial politics in Latin America. The book is undoubtedly an important contribution to our understanding of the complex process of judicial reform.?-Latin American Studies

?Prillaman's work is a step forward, for most of the literature on judicial reform in Latin America is all atheoretical....Prillaman's most important contribution in this connection is his discussion of judicial accountability, a point recently emphasized by Linn Hammergren....Prillaman's objective of analyzing these four countries using a common conceptional checklist is a worthy one.?-The Law and Politics Book Review

"In this superb analysis of Latin America's judiciary, Prillaman disputes the conventional wisdom that successful reforms are incremental and best left in the hands of the courts."-Foreign Affairs

"Prillaman has written a highly informative and well documented volume which represents an invaluable addition to the literature on judicial politics in Latin America. The book is undoubtedly an important contribution to our understanding of the complex process of judicial reform."-Latin American Studies

"Prillaman's work is a step forward, for most of the literature on judicial reform in Latin America is all atheoretical....Prillaman's most important contribution in this connection is his discussion of judicial accountability, a point recently emphasized by Linn Hammergren....Prillaman's objective of analyzing these four countries using a common conceptional checklist is a worthy one."-The Law and Politics Book Review

About the Author

WILLIAM C. PRILLAMAN currently serves as a senior Latin American analyst with the U.S. government. Dr. Prillaman has served or traveled in more than a dozen countries in Latin America, where he conducted field research for this study.