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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These individual treatments also discuss effects and problems arising from the compartmentalized pursuit of goals. The sequencing varies from that of the chart, instead based on an approximation of the chronological order in which the ...
That made little difference to their effect on policy. It may have had considerable impact on the subsequent outcomes of the programs. Criminal justice may not seem the most logical place to initiate a review of Latin American judicial ...
Since that time the strategy has been amplified to include • A period of preparation before the enacted law takes effect, often about two years; • Gradual implementation, either by region or by including only cases commencing after the ...
Chile, for example, only put the new procedures into effect in two of its regions in 2001, planning to continue by adding regions, ending with the capital, Santiago, in 2005. Although it kept to the timetable, procedural adjustments are ...
It does not in itself effect it. The Reforms' Excessive Reliance on the “Inherent” Superiority of the Accusatorial Proceeding and on a Series of “Axiomatic Principles” to Justify It The reform ...
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Envisioning Reform: Improving Judicial Performance in Latin America
Limited preview - 2010