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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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 with having supported a large judicial reform project in Peru under ...
When Latin America's current round of judicial reforms began in the early 1980s, the task looked daunting but fairly straightforward. Following decades of neglect so pronounced they were commonly termed the “orphan branch of government ...
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 ...
In Latin America, the first round of reforms, in the early 1980s, focused largely on criminal justice from the standpoint of containing human rights abuses and ending the impunity of abusers. On the Latin American side, the reforms drew ...
To my knowledge, this have never been documented in writing, but those, like the author, who were in the region in the early 1990s, are well aware that the shift in purposes involved no immediate change in the draft codes.
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Envisioning Reform: Improving Judicial Performance in Latin America
Limited preview - 2010