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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As for my two principal employers, the U.S. Agency for International Development and the World Bank, I should recognize that, wittingly or not, they provided the opportunity for a twenty-year education on the theme but that they are not ...
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 ...
Alvaro Santos has shared with the author several versions of a still unpublished article on how groups within the World Bank complicate that organization's work with their varying approaches to the role of law and thus to judicial ...
Judicial reform became a part of the Third World development agenda at the beginning of the 1980s.22 Three events were instrumental to its emergence: first, the redemocratization of Latin America, where the movement really initiated;23 ...
Ibrahim Shihata (1991), then the World Bank's chief counsel, made the determination that governance and some aspects of judicial reform were within the Bank's mandate because of their relevance for economic growth.
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Envisioning Reform: Improving Judicial Performance in Latin America
Limited preview - 2010