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.
Results 1-5 of 77
More than twenty years into the process, the initial simplicity appears disingenuous. On the one hand, the justifications for the reforms have become more complex. Reform is no longer a question of making an institution of government ...
Although individual reforms often mix and match several objectives and activities, and a few appear in virtually every large program, a case can be made for the gradual emergence of a series of reforms or reform strategies.8 Each of ...
whom?21 As we will see, even those pursuing an apparently similar end often appear to answer those basic questions quite differently. They also are quite capable of ignoring the other elements of the short list.
In some cases, progress here would appear to conflict with efforts to promote adr or to provide special or small claims courts for the rural poor. A second area also receiving more attention in recent years is that of constitutional and ...
... appear. See Frydman et al. (1996), Gupta et al. (2002), Hendley et al. (1999), Kryshtalowych and Smith (2000), Ramasastry et al. (2000), Sachs and Pistor (1997), Schwartz (2000), Smith (1996), Solomon (2004). 59.
What people are saying - Write a review
Problems and Remedies
Other editions - View all
Envisioning Reform: Improving Judicial Performance in Latin America
Limited preview - 2010