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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... Court annexed and freestanding alternative dispute resolution (adr), • Recognition/strengthening of traditional (indigenous) dispute-resolution systems, • Constitutional courts and judicial review powers for supreme courts, ...
For an early discussion of some contradictions emerging in the 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 ...
More-independent supreme and constitutional courts routinely engage in conflicts with other branches of government, declaring the illegality of high-priority programs or insisting on larger investments in nonpriority areas.
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 since spread at both the state and federal level.
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 has received little funding from ...
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Envisioning Reform: Improving Judicial Performance in Latin America
Limited preview - 2010