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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... Constitutional courts and judicial review powers for supreme courts, • Promotion of public-interest law and means of protecting collective and diffuse interests, • Creation of specialized courts, • Creation of small claims and other ...
... constitutional area, see Tate and Vallinder (1995). 10. From the reformers' standpoint, many of these questions relate to the expectation that courts will resolve all conflicts in societies where that seems increasingly impossible. See ...
... constitutional tribunal has begun to overturn some decisions of the prior administration on the basis of their violation of constitutional rights. Terrorist cases and dismissals of government workers are prime targets. 14. See ...
... constitutional change to create constitutional courts or enhance the judicial review powers of supreme courts. The initiative is linked to concerns about judicial independence, but, unlike the earlier stage, is no longer limited to ...
... constitutional challenges. Finally, once the genii was out of the bottle, there were many who questioned the desirability of giving so much power to courts that still had not undergone other more basic reforms. Constitutional courts and ...
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 |