Backsliding, Rule of Law and Judicial Reforms

Abstract

As an independent and impartial judiciary is a key precondition for the rule of law, developing democracies tend to be continuously engaged in processes of judicial reform. Unsurprisingly, not all such reform efforts lead to desired outcomes, and often have unintended or reverse consequences. Successful institutionalisation of judicial reforms, understood as implementation of formal rules in convergence with informal practices and unwritten rules-in-use, is often hindered by a number of factors. These range from a simple lack of institutional capacity and resources, to more complex structural constraints that may include powerful networks of corruption and patronage. Failed institutionalisation of judicial reforms is likely to result in legal uncertainty and corruption as well as greater political interference and democratic backsliding.