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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Although the present discussion will focus on judicial reform, it is worth noting that the judiciary is no longer the sole target and thus that the substitution of such titles as legal and judicial, justice, or rule of law reform is ...
... of this point and one that has aroused extremely negative reactions from practitioners. For other discussions, see articles in Jensen and Heller (2003). 4. A detailed discussion of this “internal disorder” and its 2 introduction.
A detailed discussion of this “internal disorder” and its impact on basic services is provided in the following five chapters, each of which deals with one aspect of the situation. 5. The third pillar metaphor comes from the President's ...
... on how groups within the World Bank complicate that organization's work with their varying approaches to the role of law and thus to judicial reform. 9. See chapters in Zuckerman (1999) for a good discussion. twenty years of reforms 5.
For an early discussion of some contradictions emerging in the constitutional area, see Tate and Vallinder (1995). 10. From the reformers' standpoint, many of these questions relate to the expectation that courts will resolve all ...
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Envisioning Reform: Improving Judicial Performance in Latin America
Limited preview - 2010