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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Where this was most obvious was in the descriptions of donor programs. Differences between grants (used by bilateral donors) and loans (by the multilateral banks) seem to escape many of the early critics. The World Bank is still charged ...
political and practical impediments to rapid change; confused poor planning, inadequate information, or simple incompetence with lack of will and hidden agendas; called for more donor intervention where it appeared inadvisable; ...
See Chinchilla and Stodt (1993); Florida International University (1987); Gamarra (1991); and Rico et al. (1993). Thome (1992) is also relevant. Although this work was commissioned by usaid, the findings influenced other donors as well.
The reforms received financial backing and additional impetus from foreign donors, especially the United States. ... Donor concerns often were realized in funding of special investigative units or diplomatic pressures to resolve certain ...
Donors usually collaborated in setting up judicial schools but provided little more than moral support to the other measures. The Spanish assistance agency is one notable exception. Because Spain has a council system, the Spaniards ...
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Envisioning Reform: Improving Judicial Performance in Latin America
Limited preview - 2010