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 with the reform programs.2 Despite their insider's view, or better-documented outsider's perspective, the authors have been no less harsh in their assessments of the movement's achievements or of its chances of eventual success.
... 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.
Many of the partial goals have indeed been advanced—as witnessed by higher budgets; better salaries and career status for judges and other personnel; new organizations and substantial restructuring of traditional ones; ...
On the one hand, budgets should be still higher, courts more activist, users afforded more due process guarantees, judges better protected from removal, and services further expanded. On the other, judicial councils should have more ...
1999, 2002) highlights the level of judicial corruption, thus explaining why some of the country's it ranks lowest (for example, Nicaragua and Paraguay) come out significantly better on the Doing Business (World Bank 2005b) scale ...
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Envisioning Reform: Improving Judicial Performance in Latin America
Limited preview - 2010