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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Three other countries where court interference with government policy is a complaint are Brazil, Argentina, and Peru. For Brazil, see Ballard (1999) and Santiso (2003). Argentina's experience has recently received attention because of ...
As the contradictions are only now becoming apparent, the task ahead is for the reforming countries to decide how to deal with them. The present volume does not assume to do that for them. Its ambitions are more modest—to highlight the ...
Throughout the region, countries adopted judicial councils, representative bodies usually located outside the judiciary and intended to manage the selection and promotions of judges and sometimes court staff. The move was usually linked ...
One potentially positive result was that many countries also took heed of the studies and decided that an investment in improving justice might indeed produce economic growth and attract foreign investment.
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