Institutional architecture and civil justice effectiveness in Latin America

A crisp-set qualitative comparative analysis.

Abstract

This study investigates the necessary and sufficient institutional configurations for the effectiveness of civil justice in Latin America. Starting from the regional paradox where robust constitutional reforms often coexist with low law enforcement, the crisp-set qualitative comparative analysis (csQCA) method was applied to a dataset of 19 countries. Indicators from the World Justice Project, V-Dem Institute, and World Economic Forum were integrated. Results show that constitutional constraints on the executive are a necessary but insufficient condition for judicial success. A single consistent causal path for justice effectiveness (IND*CONST*NO_INF) was identified, present in Chile and Uruguay. It is concluded that partial reforms, which guarantee formal autonomy without factual independence or shielding against political influence, are insufficient to overcome institutional instability in the region.