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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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 ...
Donor concerns often were realized in funding of special investigative units or diplomatic pressures to resolve certain cases. When the opening to democracy brought with it an increase in ordinary criminality (either as a result of the ...
Because they work with grants, none had the funds to support systemwide replication. The mdbs could also finance infrastructure, something both ideologically and financially outside the limits for the other donors.
Whereas donors began by funding extrajudicial programs, often with ngos, court interest in having their own adr facilities has also led to their inclusion in donor projects. In some sense, the adr movement has a life of its own, ...
This has been largely an internal initiative and has received little funding from or promotion by donors.50 This is understandable in that the major activity has been constitutional change to create constitutional courts or enhance the ...
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Envisioning Reform: Improving Judicial Performance in Latin America
Limited preview - 2010