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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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 conflate independence with other values such as ...
a longer-standing interest in adopting more accusatory procedures, which the proponents believed were more respectful of due process rights than the existing inquisitorial systems.25 Allowing for variations of detail, the traditional ...
Throughout the region, countries adopted judicial councils, representative bodies usually located outside the judiciary and intended to manage the selection and promotions of judges and sometimes court staff. The move was usually linked ...
... organization with some experience in their adoption in any other setting, seems to feel this makes it a reform expert. In the second part of this volume, discussing the routes and impediments to a real comprehensive reform, ...
A final question is thus how the various reform participants can overcome less helpful past practices and the incentive systems underlying them and so adopt a more collaborative approach to identifying what they collectively know and ...
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Envisioning Reform: Improving Judicial Performance in Latin America
Limited preview - 2010