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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Well-functioning judicial systems are supposed to control government abuses and protect basic human and civil rights; create an environment that fosters the development of market-based economies; deter crime and civil violence; ...
Its ambitions are more modest—to highlight the inherent dilemmas, explore the alternatives for resolving them, and so encourage the interested parties' collective reexamination of what they are attempting to create.
... where the movement really initiated;23 second, the move to create or strengthen market economies (first in the former Soviet Bloc) and its connection to judicial performance; and third, the discovery, by development theorists, ...
Perhaps it is administrative not commercial law, or appellate not trial courts, that create impediments. Perhaps it is rampant crime and not slow debt collection that most deters investors. These issues will be revisited in subsequent ...
This has been largely an internal initiative and has received little funding from or promotion by donors.50 This is understandable in that the major activity has been constitutional change to create constitutional courts or enhance the ...
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Envisioning Reform: Improving Judicial Performance in Latin America
Limited preview - 2010