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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... Legal and other measures to enhance judicial independence (for example, higher budgets, tenured careers), • Improved selection systems for judges and support personnel, • Courtroom administration, • Judicial (system) administration, ...
The most dramatic example was the threatened impeachment of the entire Argentine Supreme Court in 2002 and 2003. Although politically motivated, it was based on the large number of uninvestigated complaints lodged against every one of ...
38. See Kaufmann et al. (1999, 2002), LaPorta and López-de-Silanes (1998), World Bank Institute (1997, 2002), and Djankov et al. (2002). 41. For example, Freedom House's survey for 2005, gives Singapore twenty years of reforms 13.
Singapore, for example, ranks at the top of many ratings. Reviewers more aware of or concerned about protection of human rights or treatment of political opposition might contest this placement.41 Shifting to another source of foreign ...
See, for example, Golub (2003), and Golub and McClymont (2000). 47. For a discussion of the World Bank view, see Dakolias (2001) and World Bank, Legal Vice Presidency (2002, 2003a, 2003b). Blair and Hansen (1994) mark a shift to access ...
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Envisioning Reform: Improving Judicial Performance in Latin America
Limited preview - 2010