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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When Alberto Fujimori staged his auto-golpe in 1992, more than 90 percent of citizens supported his closure of the courts because of rampant corruption and incompetence. After some slight improvements during the early 1990s, ...
In post-Fujimori Peru, much criticism has been directed against the judicial council for its failure to remove judges believed to be corrupt, and especially those remaining from or being reinstated after the end of the Fujimori ...
Here there is also a tendency to conflate independence with other values such as impartiality, honesty, and competence, though independent courts and judges are quite capable of being biased, corrupt, and incompetent.
... impunity, and, of course, various forms of corruption. 27. U.S. support began in Central America at the end of the various civil conflicts in that region. The first project was in El Salvador, where the murder of four U.S. religious ...
... administration.31 Local reformers were particularly active in promoting the first elements. Their interest, like the code reforms, had earlier origins, but it took new significance with the realization that incompetent, corrupt, ...
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Envisioning Reform: Improving Judicial Performance in Latin America
Limited preview - 2010