Informal Institutions and Judicial Independence in Paraguay, 1954-2011

This article explains how informal institutions have prevented the emergence of autonomous judges in Paraguay between 1954 and 2011. The central argument is that co-optation, clientelism, and judicial corruption considered as informal institutions, rooted during the dictatorship, have impeded the appearance of an independent judicial branch in the democratic regime. To test this hypothesis, the article relies on historical narratives, surveys, and semistructured interviews. The conclusions suggest that in countries that have experienced the consolidation of informal institutions oriented toward maintaining the ties of subordination of judges to politicians, constitutional reforms and fragmentation of political power are necessary but not sufficient conditions for improving judicial independence.