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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The situation is both perplexing and symptomatic of some basic weaknesses in the overall effort. The goal of the present work is to explore the problem, explain its causes, and suggest some remedies that might improve both the impact of ...
... may introduce elements not completely in line with an access-enhancement strategy or one augmenting the judiciary's ability to check governmental abuses. Sometimes this is just a matter of priorities. The efforts to improve criminal ...
They should not divert attention from what two decades of efforts have achieved, the substantial changes produced in the sector's resources, composition, and activities. The appearance of Latin American judiciaries and other sector ...
... up earlier except in efforts to provide legal assistance to indigent criminal defendants. Probably, it took a turn to noncriminal justice to create an interest in the positive service aspects of judicial output and the fact that for ...
In some cases, progress here would appear to conflict with efforts to promote adr or to provide special or small claims courts for the rural poor. A second area also receiving more attention in recent years is that of constitutional and ...
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Envisioning Reform: Improving Judicial Performance in Latin America
Limited preview - 2010