6 - Law and Democracy: The Global Reform of Courts

Summary

In Chapter Six the tension between the global and the national scale of law is further studied through an analysis of the court reforms that are occurring a little everywhere. I inquire into the recent protagonism of courts in handling political conflicts and restructuring economies according to the Washington Consensus (the judicialization of politics), and analyze the impact this transformation has had on the judicial system itself (the politicization of courts). The globalization of the reform of the judicial system is thus understood as a form of globalization of law, particular attention being given to the contribution that the reformed courts may bring to democracy.First, I consider the global political, economic and ideological context in which the consensus of the rule of law and judicial reform and activism has developed. Second, I examine whether the role played by courts in the modern state is linked to the transformations undergone by the state itself. Third, I assess the prospects for democracy deriving from the worldwide focus on the rule of law and court reform.