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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... Training programs, • Introduction of monitoring, evaluation systems, • Judicial disciplinary systems, • Judicial ethics codes and citizen complaint services, • Strengthening of auxiliary institutions (police, prosecution, ...
The main thrust of the reforms was the drafting and enactment of new procedural codes. ... the release into civilian life of former combatants), the two interests were reunited and the code reforms were presented as a means of both ...
Their interest, like the code reforms, had earlier origins, but it took new significance with the realization that ... dependent judiciaries and judges were unlikely to apply the new codes in the spirit in which they were written.
Nevertheless, many countries have revised codes or introduced new. 41. For example, Freedom House's survey for 2005, gives Singapore a ranking of 5 (7 is worst) and 4 on political rights and civil rights, respectively (Piano and ...
Nevertheless, many countries have revised codes or introduced new bankruptcy, secured collateral, or corporate governance laws on just such reasoning.43 Even assuming that the rankings approximated some measure of judicial development, ...
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Envisioning Reform: Improving Judicial Performance in Latin America
Limited preview - 2010