Democratization through law: Perspectives from Latin America

Abstract

Most developing countries today have launched comprehensive programmes to reform their legal system. The expectation is that improvements in the quality of the law will contribute towards the consolidation of democracy. This expectation presupposes that there is a positive correlation between effective legal systems and the quality of democracy. Law, however, is a multifaceted institution that serves many, though contradictory, functions and objectives. Thus, current efforts to build democracy through law are fraught with unexpected obstacles. Focusing on Latin America, this study aims to contribute towards understanding the obstacles, as well as the opportunities, in the path towards enhancing democracy through legal reform. The first section explains, from a historical perspective, the reason for the weaknesses of legal institutions in Latin America, taking Chile as a case study. The second examines the remarkable experience of constitutional justice in Colombia. While the lessons from history do not bode well for current attempts to use law as a device to further democracy, the experience of constitutional justice in Colombia suggests that, while legal reform is an uncertain path towards democratization, it is not altogether futile.

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