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18 Wis. Int'l L.J. 353 (2000)
Attacking Corruption in the Judiciary: A Critical Process in Judicial Reform

handle is hein.journals/wisint18 and id is 363 raw text is: ATTACKING CORRUPTION IN THE JUDICIARY: A CRITICAL PROCESS IN JUDICIAL REFORM MARIA DAKOLIAS AND KIM THACHUK States without justice are but bands of robbers enlarged -Saint Augustine I. INTRODUCTION In general, under a system of good governance the courts are expected to be impartial and fair institutions. In this regard, the judicial system is intended to be apolitical, its symbol being that of a blindfolded justice holding balanced scales. Indeed, it is such ajudicial system that can uphold the rule of law and protect human rights. Societies aspire to create and enforce laws universally applicable on both public and private individuals without the arbitrary use of power. While the organization of courts may vary from country to country, this is the basic premise upon which societies seek to construct their judicial systems. In order to guarantee this judicial system, judicial independence is necessary. Judicial independence is probably the single greatest institutional support for the rule of law. Courts are supposed to be non-partisan in the political process, free to make their decisions unhindered by the political influences of daily life. Put another way, courts that are used by political regimes to further partisan or even private ends cannot be thought of as institutions of good governance and as such are illegitimate. Indeed, law is an element of social control; when the courts apply the law to the settlement of disputes, it is a way to enforce this control. If law or the courts are perceived as arbitrary in their application, then the social control objective may be distorted. Thus, the law and those that apply it must be perceived as impartial and equitable at all times if order is to be maintained in society. Maria Dakolias is counsel in the World Bank's Legal Department where she advises and manages legal and judicial reform projects. The views expressed in this article are her own and are not necessarily those of the organization she represents. She is a graduate of Haverford College (B.A.), George Mason University School of Law (J.D.), and the University of Amsterdam (L.L.M.). Kim Thachuck works on issues related to corruption and organized crime in the Americas. She has a doctorate in criminology and political science from Simon Fraser University, Canada, and a B.A., M.A. from the University of British Columbia, Canada. The authors wish to thank Louis Forget for his comments and Shana Lee for her research assistance. Much of this material in this article stems from the authors' own special expertise and practical experience working with reformers arounds the world. Their direct personal knowledge, thus, at times, substitutes form formal citation to supporting written documents.

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