Envisioning Reform: Conceptual and Practical Obstacles to Improving Judicial Performance in Latin AmericaJudicial 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. |
From inside the book
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... abuses and protect basic human and civil rights; create an environment that fosters the development of market-based economies; deter crime and civil violence; reduce levels of societal conflict; support the development of legitimate ...
... abuses. Sometimes this is just a matter of priorities. The efforts to improve criminal justice proceedings do consider efficiency, but only on a secondary plane. In other cases, the ends pursued really are different, and both the ...
... abuses and ending the impunity of abusers. On the Latin American side, the reforms drew on a longer-standing interest in adopting more accusatory procedures, which the. 20. Jolowicz (2000, 319). 21. Here there is also a tendency to ...
... abuses, many of which were arguably not a necessary consequence of the basic structure.26 Nonetheless, to overcome these problems, the reformers had proposed the transition to an accusatory proceedings, featuring investigation by an ...
... abuses of power, nonrecognition of constitutional guarantees, and other illegal actions.51 Although several courts in the region historically had these powers, they used them rarely and with extreme deference to governmental preferences ...
Other editions - View all
Envisioning Reform: Improving Judicial Performance in Latin America Linn Hammergren Limited preview - 2010 |
Envisioning Reform: Improving Judicial Performance in Latin America Linn A. Hammergren No preview available - 2007 |