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91. Promoting the Rule of Law Abroad: The Problem of Knowledge

Author:
Thomas Carothers
Publication Date:
01-2003
Content Type:
Working Paper
Institution:
Carnegie Endowment for International Peace
Abstract:
Although the current rule-of-law promotion field is still expanding as it approaches the end of its second decade, it still faces a lack of knowledge at many levels of conception, operation, and evaluation. There is a surprising amount of uncertainty, for example, about the twin rationales of rule-of-law promotion—that promoting the rule of law will contribute to economic development and democratization. There is also uncertainty about what the essence of the rule of law actually is—whether it primarily resides in certain institutional configurations or in more diffuse normative structures. Rule-of-law promoters are also short of knowledge about how the rule of law develops in societies and how such development can be stimulated beyond simplistic efforts to copy institutional forms. And the question of what kinds of larger societal effects will result from specific changes in rule-of-law institutions is also still open. Although aid institutions engaged in rule-of-law assistance do attempt some—lessons learned—exercises, many of the lessons produced are superficial and even those are often not really learned. Several substantial obstacles to greater knowledge accumulation in this field persist, including the complexity of the task of promoting the rule of law, the particularity of legal systems, the unwillingness of aid organizations to invest sufficient resources in evaluations, and the tendency of both academics and lawyers not to pursue systematic empirical research on rule-of-law aid programs. Whether rule-of-law aid is on the path to becoming a well-grounded field of international assistance remains uncertain.
Topic:
International Relations, Democratization, Development, and Economics
Political Geography:
Latin America

92. Democratic Politics in Latin America: New Debates and Research Frontiers

Author:
Gerardo Munck
Publication Date:
10-2003
Content Type:
Working Paper
Institution:
Center for International Studies, University of Southern California
Abstract:
This assessment of research on contemporary democratic politics in Latin America is organized around the distinction between institutional and alternative approaches. Initially it considers institutionalism on its own terms and, through an assessment of the debate about the institutional causes of gridlock, draws attention to key strengths of this literature. Thereafter, some of the limitations of an institutional approach are addressed and the possibility of combining insights developed from institutional and alternative theoretical perspectives is emphasized. The suggested terms of integration, however, are not symmetric. With regard to causal theorizing, the need for institutionalists to borrow ideas, especially from the broader literature on political regimes, is underlined. With regard to theorizing outcomes, in contrast, the need for students of the quality of democracy to incorporate contributions made by institutionalists is highlighted. Throughout, various pointed suggestions to advance research are offered.
Topic:
Democratization and Government
Political Geography:
South America, Latin America, and North America

93. Clientelism in Flux: Democratization and Interest Intermediation in Contemporary Mexico

Author:
Blanca Heredia Rubio
Publication Date:
02-2003
Content Type:
Working Paper
Institution:
Centro de Investigación y Docencia Económicas
Abstract:
The buoyant optimism spurred by the rush to democracy throughout Latin America along with the high, even if less widespread, hopes about market reform of the last decade have given way to a different mood. The excitement associated with large scale social change has subsided and a certain disillusionment, a hangover of sorts, has begun to set in.
Topic:
Civil Society, Democratization, and Economics
Political Geography:
Latin America, Central America, and Mexico

94. Do Judicial Councils Further Judicial Reform? Lessons from Latin America

Author:
Linn Hammergren
Publication Date:
06-2002
Content Type:
Working Paper
Institution:
Carnegie Endowment for International Peace
Abstract:
JUDICIAL REFORM EFFORTS IN LATIN AMERICA, and by extension worldwide, seem to fall easily prey to magic bullets. In the past two decades, reformers in the region and aid providers from North America and Western Europe have seized upon a whole series of entry points for judicial reform—including model codes, accusatory criminal justice systems, court administration reforms, information technology, alternative dispute resolution, legal services, and constitutional courts. Sometime during the late 1980s, as the issue of judicial independence came to receive more serious attention, judicial councils joined the list, and nearly a dozen countries adopted them. It was not until the late 1990s that questions about their utility began to emerge. Although Latin America is beginning to reexamine its love affair with the councils, the model has been gaining ground in other regions. Western Europeans, who invented the mechanism, have been suffering their own doubts. This has not prevented their joining with U.S. reformers in recommending it to postcommunist nations in Eastern Europe and the former Soviet Union and in Africa, Asia, and the Middle East. The cautionary lessons from Latin America's several-decade experiment with judicial councils have not yet been analyzed and disseminated. This essay is a start in that direction.
Topic:
Democratization and Government
Political Geography:
America, Europe, France, South America, Latin America, and Central America

95. Experimentos de Democracia Interna: Las Primarias de Partidos en América Latina

Author:
Manuel Alcántara Sáez
Publication Date:
04-2002
Content Type:
Working Paper
Institution:
Kellogg Institute for International Studies
Abstract:
This paper describes the evolution of candidate selection processes in Latin American political parties up to the year 2000. The topic is part of the field of political party studies in the region. The first section diagnoses the problems affecting the data bases produced by the Latinobarometro and the Parliamentary Elites Survey of the Universidad de Salamanca. The second section describes the process indicated in the title of the present piece.
Topic:
Democratization, Government, and Politics
Political Geography:
South America, Latin America, and Central America

96. La Atomización Partidista en Colombia: el Fenómeno de las Micro-empresas Electorales

Author:
Eduardo Pizarro Leongómez
Publication Date:
01-2002
Content Type:
Working Paper
Institution:
Kellogg Institute for International Studies
Abstract:
The Colombian Liberal-Conservative bipartyism appeared up until just a decade ago not only as one of the oldest but also as one of the most institutionalized party systems in Latin America. Today, even though a complete party collapse similar to those ocurred in Peru and Venezuela did not take place, the erosion of both parties has followed a path with few historical precedents: an extreme "personalist factionalism" (Giovanni Sartori) or, to use a more coloquial term that has become popular in Colombia, the implosion of parties in tens and tens of electoral micro-businesses.
Topic:
Democratization, Government, and Politics
Political Geography:
Colombia, South America, Latin America, Venezuela, and Peru

97. Access To Information: A Key To Democracy

Author:
Laura Newman
Publication Date:
11-2002
Content Type:
Working Paper
Institution:
The Carter Center
Abstract:
Citizens and their leaders around the world have long recognized the risk of corruption. Corruption diverts scarce resources from necessary public services, and instead puts it in the pockets of politicians, middlemen and illicit contractors, while ensuring that the poor do not receive the benefits of this "system". The consequences of corruption globally have been clear: unequal access to public services and justice, reduced investor confidence, continued poverty, and even violence and overthrow of governments. A high level of corruption is a singularly pernicious societal problem that also undermines the rule of law and citizen confidence in democratic institutions.
Topic:
Civil Society, Democratization, Government, Human Rights, and Politics
Political Geography:
South America, Latin America, Central America, Caribbean, and North America

98. Nongovernmental Terrorism in Latin America: Re-examining Old Assumptions

Author:
Andreas Feldmann and Maiju Perälä
Publication Date:
07-2001
Content Type:
Working Paper
Institution:
Kellogg Institute for International Studies
Abstract:
For years nongovernmental terrorism in Latin America was considered to be an epiphenomenon of the Cold War, and consequently explained in terms of that war. The persistence of terrorism throughout the region in the 1990s not only has indicated that many of our assumptions concerning the causes of terrorism were misleading, but also has lead scholars to reexamine the phenomenon of nongovernmental political violence. This paper investigates the validity of a number of hypotheses recently explored in the literature by applying a pooled time series cross section regression analysis to data from seventeen Latin American countries between 1980 and 1995. Findings indicate that nongovernmental terrorist acts in Latin America are more likely to occur in countries characterized by widespread state human rights violations. Likewise, evidence is found that nongovernmental terrorism in the region tends to be more prevalent in countries characterized by electoral and associational liberties than by restrictive dictatorships. Association between economic performance or structural economic conditions and the incidence of terrorism is not substantiated by the findings.
Topic:
Cold War, Democratization, and Terrorism
Political Geography:
South America and Latin America

99. Making and Unmaking Authoritarian Peru: Re-election, Resistance, and Regime Transition

Author:
Catherine M. Conaghan
Publication Date:
05-2001
Content Type:
Working Paper
Institution:
The North-South Center, University of Miami
Abstract:
One of the time-honored constitutional traditions of Latin America—the ban on immediate presidential re-election—gave way to political change in the 1990s. Cloaked in controversy, the trend began in Peru. In 1992, President Alberto Fujimori led an auto-coup (auto-golpe) that closed Congress and suspended the 1979 Constitution. The auto-coup eventually led to a new Constitution in 1993. The new Constitution lifted the ban on immediate presidential re-election, allowing a president to stay in office for two consecutive five-year terms.
Topic:
Democratization and Government
Political Geography:
Latin America and Peru

100. When Democracy Isn't All that Democratic: Social Exclusion and the Limits of the Public Sphere in Latin America

Author:
Philip Oxhorn
Publication Date:
04-2001
Content Type:
Working Paper
Institution:
The North-South Center, University of Miami
Abstract:
During much of the 1970s and 1980s, the principal political struggles throughout Latin America revolved around the creation of democratic political regimes based on the right to vote. Now that this right has been effectively established in virtually every country of the region, 1 the limits of political democracy as traditionally defined are becoming increasingly apparent (Oxhorn and Ducatenzeiler 1998; Agüero and Stark 1998; Chalmers et al. 1997). These countries are indisputably political democracies, yet the quality of democratic rule leaves much to be desired. Recent studies of the democratic deficits in Latin America have focused on a variety of dimensions (including extremes of economic inequality, poverty, growing levels of criminality, limits on citizenship rights, the weakness of civil society, problems of representation, and the weakness of political parties, among others)
Topic:
Democratization, Development, and Government
Political Geography:
Latin America and Caribbean