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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... specialized courts, • Creation 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, ...
... given a push in that country and now represent another regional model.45 Other countries have followed suit, if on a less expansive scale. Except in Brazil's small claims courts, the creation of simplified procedures has not been ...
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 ...
The claims are debatable. That made little difference to their effect on policy. It may have had considerable impact on the subsequent outcomes of the programs. Criminal justice may not seem the most logical place to initiate a review ...
Instead, backers of the codes simply tacked on this second goal, claiming that the accusatory system is also more effective in investigating crimes and bringing the guilty to justice. As will be argued below, this strategic sleight of ...
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Envisioning Reform: Improving Judicial Performance in Latin America
Limited preview - 2010