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 goal of the present work is to explore the problem, explain its causes, and suggest some remedies that might improve both the impact of ongoing programs and the theoretical and empirical foundations underlying the design of new ones ...
See Blair and Hansen (1994) for an official agency statement, heralding the shift to access goals and a downgrading of institutional strengthening (called “capacity building”). 7. A series of country studies conducted by Florida ...
Contemporary reformers in the industrialized nations have begun to note the inherent contradictions and thus necessary tradeoffs in the various values defining good judicial performance—goals relating to costs, access, efficiency, ...
Many of the partial goals have indeed been advanced—as witnessed by higher budgets; better salaries and career status for judges and other personnel; new organizations and substantial restructuring of traditional ones; ...
The goals are all admirable, but in conjunction anything but consistent. As the contradictions are only now becoming apparent, the task ahead is for the reforming countries to decide how to deal with them. The present volume does not ...
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Envisioning Reform: Improving Judicial Performance in Latin America
Limited preview - 2010