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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For the first time in the region, there are criticisms of policymaking by unaccountable judges.13 Judicial councils and other new governance mechanisms demonstrate no marked improvement in the quality of budgetary or human resource ...
On the other, judicial councils should have more control over appointments and promotions, discipline and accountability should be increased, dispositions expedited, conflicts dejudicialized, and costs cut or passed on to the users.
Throughout the region, countries adopted judicial councils, representative bodies usually located outside the judiciary and ... Because Spain has a council system, the Spaniards offered their own experience as a model.32 Donors were ...
Judicial councils had already encountered considerable criticism among the European adopters before the Latin Americans decided they were a magic bullet. Juries in both criminal and civil cases are widely questioned in the United States ...
In 2005, President Alvaro Uribe of Colombia took a similar stance, insisting that the elimination of judicial backlog become a priority and instructing the judicial council and the Ministry of Interior and Justice to take steps to bring ...
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Envisioning Reform: Improving Judicial Performance in Latin America
Limited preview - 2010