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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... less noticed development has aggravated the traditional gap between those who act and those who critique—the fact that between and within each group the definitions of reform and of the objectives it pursues have also diverged.
... deter crime and civil violence; reduce levels of societal conflict; support the development of legitimate democratic governance; and reduce social inequities by helping spread the benefits of development to marginalized groups.
Alvaro Santos has shared with the author several versions of a still unpublished article on how groups within the World Bank complicate that organization's work with their varying approaches to the role of law and thus to judicial ...
Access-enhancement programs have increased budgetary outlays without necessarily improving service delivery to target groups; moreover, there are indications of a negative impact on juridical security. With more cases and more diverse ...
A group of Argentine jurists have been especially active in promoting the change throughout the region. See Maier et al. (1993) and Davis and Lillo (1996). 26. These include the delegation of judicial functions to untrained courtroom ...
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Envisioning Reform: Improving Judicial Performance in Latin America
Limited preview - 2010