Envisioning Reform: Conceptual and Practical Obstacles to Improving Judicial Performance in Latin AmericaJudicial 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. |
From inside the book
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... , • 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, outside 4 introduction.
... claims courts intended to serve the small users. Brazil began such a program under the military government of the 1980s, formally recognizing it in its 1988 constitution.44 Its small claims courts with special expedited procedures have ...
... claims courts for the rural poor. A second area also receiving more attention in recent years is that of constitutional and legal controls, or the judiciary's checks and balance function. This has been largely an internal initiative and ...
... 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 of ...
... 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 hand has created some serious problems. Codes written from a due ...
Other editions - View all
Envisioning Reform: Improving Judicial Performance in Latin America Linn Hammergren Limited preview - 2010 |
Envisioning Reform: Improving Judicial Performance in Latin America Linn A. Hammergren No preview available - 2007 |