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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... and Other Unlikely Bedfellows 27 2 Judicial Modernization: Increasing the Efficiency and Efficacy of Court Actions 55 3 Developing a Professional, Institutionally Independent Judiciary 97 4 Access to Justice: Legal Assistance, ...
Its practitioners generally prefer axiomatic principles to testable hypotheses and action to contemplative evaluation. Their external critics are no less susceptible to these leanings. Ideology and subjective preferences continue to ...
... and accessible while enhancing their role in checking illegal actions by governmental and private actors.6 “Strengthening,” a favorite word of reformers, meant increasing judicial independence, updating laws and internal processes, ...
... they receive different definitions and different emphases.18 As several observers have noted, we may all agree on the desirability of these three general goals, but additional clarification is needed before they can guide action.
... channeled through commercial and civil cases. mdb programs first emphasized law revision but quickly moved into court and system administration, trying so far as was possible to limit their actions to the “civil half” of the courts.
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Envisioning Reform: Improving Judicial Performance in Latin America
Limited preview - 2010