591. Court reform in transitional states: Chile and the Philippines
- Author:
- Charles Anthony Smith and Mark Jorgensen Farrales
- Publication Date:
- 06-2010
- Content Type:
- Journal Article
- Journal:
- Journal of International Relations and Development
- Institution:
- Central and East European International Studies Association
- Abstract:
- Contrary to the conventional wisdom, we argue that democratic institutions are not a prerequisite to an independent judiciary. Rather, the need for foreign investment is a necessary and, in some cases, perhaps sufficient condition for the establishment of at least nominally independent judicial institutions. We consider Chile immediately after Pinochet and the Philippines at the outset of the Marcos regime. We consider the similarity of court reforms implemented by these two regimes. These cases illustrate two distinct points in the life span of an authoritarian government. The Chilean case features the time period that begins a transition to democracy prior to consolidation. The Philippine case features the time period of ascension of the authoritarian. Despite the different environments, both regimes implemented court reforms primarily designed to attract foreign direct investment into their troubled economies.
- Topic:
- Economics
- Political Geography:
- Philippines