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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... professionalizing judges and other judicial employees, adding modern technology, improving administrative systems, and educating the private bar and the public in general to make them better users of judicial services.
... of small claims and other courts for poor populations, • Integration of administrative court systems into the ordinary judiciary, • Creation of independent regulatory agencies with adjudicative powers, outside 4 introduction.
... The court and judicial administration element has been especially favored by the mdbs because it is seen as highly technical and,. 33. The United States had gone through its own court administrative reform a few decades earlier.
Perhaps it is administrative not commercial law, or appellate not trial courts, that create impediments. Perhaps it is rampant crime and not slow debt collection that most deters investors. These issues will be revisited in subsequent ...
... and international ngos cause Judicial modernization as a goal in itself or to meet rising demands for greater quantity, different quality of services New technologies, organization, administrative techniques More efficient service, ...
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Envisioning Reform: Improving Judicial Performance in Latin America
Limited preview - 2010