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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... create an environment that fosters the development of market-based economies; deter crime and civil violence; ... and public defense) in all the above areas, • Modernization of legal framework to regulate new economic and ...
When judges at all levels consistently overruled the government's emergency economic measures, the fund expressed concern about the lack of control over the judiciary. Peru's experience is also very recent, but the post-Fujimori ...
... where the movement really initiated;23 second, the move to create or strengthen market economies (first in the ... the impact of economic globalization, and an increasing reliance on the judiciary to resolve political conflicts, ...
Hence, judicial programs were seen by many as violating the mdbs' articles of agreement (which emphasized a role in promoting economic growth and explicitly prohibited political involvement). The initial response was to focus on civil ...
... for their judicial reform ventures in the post–Washington Consensus discovery of neoliberal institutional economics. ... development” with economic growth.38 The positive findings provided further justification for the programs, ...
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Envisioning Reform: Improving Judicial Performance in Latin America
Limited preview - 2010