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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... as demonstrated by a marked reduction in annual filings in several countries.17 The list goes on, but the more general point is that the onceorphan branch of government is now attracting more attention, much of it critical.
The initial response was to focus on civil and commercial law, which was believed most relevant to the economic mandate.34 Timing was also critical. Donors had extended their programs to the former Soviet Union and Eastern Europe, ...
See Schwartz (2000) for a discussion of trends there. Trochev (2004) offers a critical look at the lack of impact in Russia. 54. This is discussed in greater detail in Chapter 5. twenty years of reforms 17.
As we have learned, far more attention is required to creating and strengthening critical organizations, changing internal incentive systems, overcoming external opposition and customary practices, building new forms of interaction ...
Arguably the critical differences do not lie in the presence or absence of oral trials, representation of the parties, or the presentation of exculpatory and incriminating evidence—and probably are not found in the relative proactivity ...
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Envisioning Reform: Improving Judicial Performance in Latin America
Limited preview - 2010