The move from written to oral judicial systems and the provision of justice: Preliminary results from Mexico and Colombia

• In Event: Courts and Politics in Latin America

Abstract

International reformers, especially the US government, have placed many of their hopes for improved rule of law in transitioning justice systems in both Mexico and Colombia from inquisitorial to adversarial. This paper presents sub-national data from both Mexico and Colombia that contain judicial results before, during and after these transitions, along with analysis of interviews conducted with state and NGO lawyers about the transitions’ impact. Initial findings point to the importance of state-society balance of power in determining the stickiness of impunity: while the judicial reforms on paper would seem to improve the provision of justice, in practice counter-reforms and institutional inertia have prevented the reforms from having the desired effect of improving institutional performance.

Author

• Janice K Gallagher, Brown University, Watson Institute