Explaining judicial reform outcomes in new democracies: The importance of authoritarian legalism in Argentina,Brazil, and Chile

Recent judicial reforms after democratic transition have been substantial and relatively successful in Chile, but much less so in Argentina and Brazil. This article traces this variation in outcomes to the legal strategies of the prior authoritarian regimes. The Brazilian military regime of 1964–1985 was gradualist in its approach to the law, and had a high degree of civilian-military consensus in the legal sphere. It was not highly repressive in its deployment of lethal violence, and this combination of factors contributed to a gradualist and consensual transition in which judicial reform was not placed high on the political agenda. The Argentine case of military rule between 1976 and 1983 was almost the opposite. The military sidestepped and even attacked the judiciary, engaging in almost entirely extrajudicial violence. This generated a “backlash” reform movement after the transition to democracy that was mostly retrospective and only partially successful. In Chile, in contrast, the military engineered a radical break with previous legality, engaged in violent repression, but made considerable efforts to reconstruct a judicial order. It was in the aftermath of this situation that reformers were able to push through a prospective and relatively successful judicial reform. This article's findings suggest that judicial reform may be more likely to succeed where the prior authoritarian regime was both repressive and legalistic, as in Chile, Poland, and South Africa, than where high degrees of repression were applied largely extrajudicially, as in Argentina, Cambodia, and Guatemala, or where the authoritarian regime was legalistic but not highly repressive, as in Brazil, Mexico, and the Philippines.     

Another lost decade? The future of reform in Latin America

The 1990s ended equivocally in Latin America. What has gone wrong? Is economic failure the cause or the consequence of the democratic decay and the erosion of governance throughout the region? The review essay revisits the debate on the intricate links between politics and economics in the second stage of reform. Moving beyond standard typologies of regime type, it explores the interactions between the quality of democratic governance and the performance of economic policy under democratic auspices, in particular its credibility. It is now amply recognized that reforms have been hindered by inefficient unreliable and unaccountable government institutions. Furthermore, the manner in which market reforms have been implemented has undermined governance and accountability. The importance of policy credibility has essentially been neglected as a pivotal condition for effective economic reform. Consequently, policymakers propose a new round of reforms, centring on strengthening the institutions of governance and modifying the incentives shaping public policy. The essay argues that restoring the credibility of policy requires a fundamental redefinition of the state and reforming the methods of government and the styles of policymaking. The defining challenge of Latin American countries is to strengthen capacity to adequately implement policy and credibly commit to policy reform. Copyright © 2003 John Wiley & Sons, Ltd.     

A Resurgent Presidency? Portuguese Semi-Presidentialism and the 2016 Elections

This article analyses the Portuguese presidential elections of January 2016, setting these within the backdrop of recent semi-presidential practice in Portugal. The election took place in the context of an apparent hollowing of the presidency, a pattern that potentially reflects the bailout that marked most of the second term of the outgoing president, Cavaco Silva. This pattern also helps explain the second-order nature of this presidential election. Despite potentially being an ‘open’ election – in that the incumbent had reached term limits – the election was characterised by low citizen mobilisation, low partisan involvement and low competitiveness. The initial two months of the newly elected president, Marcelo Rebelo de Sousa, suggests he is seeking to invert this hollowing pattern by mobilising popular support behind the presidency.     

The political economy of mass privatisation and imperfect taxation: Winners and loosers

This article investigates the connection between the apparently uncorrelated issues of tax evasion and privatisation in a political economy framework. We first consider how the political process – given a country's level of development and income distribution – will affect the efficiency of the tax system. We then discuss the impact of the efficiency of the taxation system on the outcomes of privatisation. We consider under which condition privatisation will proceed, and who will be the political supporters as well as the main winners of the privatisation process. Moreover, we investigate the impact of different forms of corruption both on the initial public support for privatisation, as well as on its long term political sustainability.