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"Will judicial independence take hold in Mexico?: Lessons from the region" |
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Abstract:
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In 1994 the then Mexican president Ernesto Zedillo launched a judicial reform aimed at increasing the independence and relative power of the judicial branch. The Mexican reform is framed within the 1990s process of democratization in Latin America, in which thirteen nations engaged in similar projects, which promised to put an end to the historical dependence and fragility of the regions judicial branches. A decade after the initiation of judicial reforms in the region, the fate and survival of the projects variegates. Some, the Mexican among them, have so far survived, been fully implemented and used, but in other countries some parts of the reforms were delayed, as was the case in Argentina, and in other nations the projects were reversed and failed as was the case in Peru and Ecuador. As delayed and failed experiences with judicial reform demonstrate, executive powers have a natural incentive to reduce judicial independence, regardless of their political ideology and party affiliation. When granted the opportunity to change institutions, they will do so in a strategy to maximize its present and future power. What political factors account for immediate and delayed implementation, reform survival, reversal or failure? This paper revises the Argentinean, Peruvian, Ecuadorian and Mexican experiences with judicial reform. Its explores the extent to which electoral incentives and divided governments explain executive power and incentives and capabilities for and against judicial independence at the initiation and implementation stages of reform. Its aim is to gauge the relative fragility/strength of judicial independence in Mexico and to further our understanding of the process of democratic institution building and democratic consolidation in the region. |
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judici (131), reform (129), court (97), suprem (63), independ (62), constitut (59), parti (57), polit (52), govern (47), justic (45), control (35), n (34), execut (33), presid (33), de (31), new (31), implement (31), congress (29), relat (27), initi (26), council (26), |
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Association:
Name: American Political Science Association URL: http://www.apsanet.org
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Citation:
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MLA Citation:
| Inclan, Silvia. ""Will judicial independence take hold in Mexico?: Lessons from the region"" Paper presented at the annual meeting of the American Political Science Association, Marriott, Loews Philadelphia, and the Pennsylvania Convention Center, Philadelphia, PA, Aug 31, 2006 <Not Available>. 2011-03-13 <http://www.allacademic.com/meta/p151196_index.html> |
APA Citation:
| Inclan, S. , 2006-08-31 ""Will judicial independence take hold in Mexico?: Lessons from the region"" Paper presented at the annual meeting of the American Political Science Association, Marriott, Loews Philadelphia, and the Pennsylvania Convention Center, Philadelphia, PA Online <APPLICATION/PDF>. 2011-03-13 from http://www.allacademic.com/meta/p151196_index.html |
Publication Type: Proceeding Abstract: In 1994 the then Mexican president Ernesto Zedillo launched a judicial reform aimed at increasing the independence and relative power of the judicial branch. The Mexican reform is framed within the 1990s process of democratization in Latin America, in which thirteen nations engaged in similar projects, which promised to put an end to the historical dependence and fragility of the regions judicial branches. A decade after the initiation of judicial reforms in the region, the fate and survival of the projects variegates. Some, the Mexican among them, have so far survived, been fully implemented and used, but in other countries some parts of the reforms were delayed, as was the case in Argentina, and in other nations the projects were reversed and failed as was the case in Peru and Ecuador. As delayed and failed experiences with judicial reform demonstrate, executive powers have a natural incentive to reduce judicial independence, regardless of their political ideology and party affiliation. When granted the opportunity to change institutions, they will do so in a strategy to maximize its present and future power. What political factors account for immediate and delayed implementation, reform survival, reversal or failure? This paper revises the Argentinean, Peruvian, Ecuadorian and Mexican experiences with judicial reform. Its explores the extent to which electoral incentives and divided governments explain executive power and incentives and capabilities for and against judicial independence at the initiation and implementation stages of reform. Its aim is to gauge the relative fragility/strength of judicial independence in Mexico and to further our understanding of the process of democratic institution building and democratic consolidation in the region. |
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application/pdf |
| Page count: |
17 |
| Word count: |
8181 |
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| "Will judicial independence take hold in Mexico?: Lessons from the region" By Silvia Inclán Instituto de Investigaciones Sociales –UNAM Prepared for delivery at the 2006 Annual Meeting of the American Political Science Association August 30th-September 3 2006. Copyright by the American Political Science Association Abstract In 1994 the then Mexican president Ernesto Zedillo launched a judicial reform aimed at increasing the independence and relative power of the judicial branch. The Mexican reform is framed within the 1990´s process of |
| Mark. 2002. Elusive Reform: Democracy and the Rule of Law in Latin America. Boulder CO: Lynne Rienner Publishers. 273p. Vaky Paul S. 1998. “US Agency for International Development.” In Edmundo Jarquín and Fernando Carrillo (eds.) Justice Delayed: Judicial Reform in Latin America. Inter- American Development Bank. Baltimore MD: Johns Hopkins University Press. 156p. Verbitski Horacio. 1993. Hacer la Corte: La Construcción de un Poder Absoluto y Sin Justicia ni Control. Buenos Aires: Editorial Planeta. Verner Joel G. (1984). “Independence |
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