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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Peru's experience is also very recent, but the post-Fujimori constitutional tribunal has begun to overturn some decisions of the prior administration on the basis of their violation of constitutional rights.
He is also credited with the decision that criminal justice would be excluded because it is more “political.” 35. See Biebesheimer (2001) and Biebesheimer and Payne (2001) for a review of the idb's portfolio.
Even where sheer numbers were not that high, decisions were often of great consequence. Filings were also encouraged by the development of new mechanisms for making complaints, the creation of specialized bodies (human rights ombudsmen, ...
One example is the expansion of the amparo in Mexico's federal courts.54 A Supreme Court decision in the midnineteenth ... created delays in reaching firm decisions, and has arguably added to the public and private costs of justice.
Many governments do not welcome a court system that can effectively oppose their actions, but they increasingly see the value of enhancing the authority accorded judicial decisions.60 More instrumental reforms (those seeking ...
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Envisioning Reform: Improving Judicial Performance in Latin America
Limited preview - 2010