Envisioning Reform: Conceptual and Practical Obstacles to Improving Judicial Performance in Latin America
Judicial reform became an important part of the agenda for development in Latin America early in the 1980s, when countries in the region started the process of democratization. Connections began to be made between judicial performance and market-based growth, and development specialists turned their attention to “second generation” institutional reforms. Although considerable progress has been made already in strengthening the judiciary and its supporting infrastructure (police, prosecutors, public defense counsel, the private bar, law schools, and the like), much remains to be done.
Linn Hammergren’s book aims to turn the spotlight on the problems in the movement toward judicial reform in Latin America over the past two decades and to suggest ways to keep the movement on track toward achieving its multiple, though often conflicting, goals. After Part I’s overview of the reform movement’s history since the 1980s, Part II examines five approaches that have been taken to judicial reform, tracing their intellectual origins, historical and strategic development, the roles of local and international participants, and their relative success in producing positive change. Part III builds on this evaluation of the five partial approaches by offering a synthetic critique aimed at showing how to turn approaches into strategies, how to ensure they are based on experiential knowledge, and how to unite separate lines of action.
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The World Bank is still charged with having supported a large judicial reform project in Peru under the Fujimori government despite, to its credit, having pulled out at the last minute (as documented in Lawyers Committee for Human ...
Peru's experience may be more typical. When Alberto Fujimori staged his auto-golpe in 1992, more than 90 percent of citizens supported his closure of the courts because of rampant corruption and incompetence.
Peru's experience is also very recent, but the post-Fujimori constitutional tribunal has begun to overturn some decisions ... In post-Fujimori Peru, much criticism has been directed against the judicial council for its failure to remove ...
Peru's justice of the peace courts, while traditionally only tolerated by the regular judiciary (because they use lay judges), were also given a push in that country and now represent another regional model.45 Other countries have ...
... amb) associations have in fact protested this linkage as a proglobalization plot, promoted by the World Bank among others. See Calvalcanti Melo Filho (2003). 57. Noteworthy here are the “faceless judges” used in Peru 18 introduction.
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Envisioning Reform: Improving Judicial Performance in Latin America
Limited preview - 2010