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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On the one hand, budgets should be still higher, courts more activist, users afforded more due process guarantees, judges better protected from removal, and services further expanded. On the other, judicial councils should have more ...
A second source of support came from a series of macroeconomic analyses correlating “judicial development” with economic growth.38 The positive findings provided further justification for the programs, though, as critics continually ...
... his team found that inhabitants of London felt more threatened by crime than those in Caracas. As the researchers knew both cities, they found the results odd. On investigating further, their conclusions were as follows: ...
Special courts are used to facilitate directed justice or conflicts reassigned to the judiciary to postpone their effective resolution. The reasons for this disarticulation of means and ends are further explored below.
Although the trial judge or judges have access to the dossier once it is completed, the instructional judge has no further participation in their deliberations. As a rule, European trial judges take a much more active part in the ...
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Envisioning Reform: Improving Judicial Performance in Latin America
Limited preview - 2010