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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What remains unclear is whether their comments are having any impact on current reform trends or, in fact, whether the reform practitioners are learning much from one another. One emerging criticism on which many observers agree is that ...
A detailed discussion of this “internal disorder” and its impact on basic services is provided in the following five chapters, each of which deals with one aspect of the situation. 5. The third pillar metaphor comes from the President's ...
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 ...
Judicial or justice-sector reforms are thus programs that attempt to improve the performance and impact of court or sector operations. Sector is itself a vague term, but it is usually taken to encompass those institutions most closely ...
... the impact of economic globalization, and an increasing reliance on the judiciary to resolve political conflicts, once handled by fiat or simply nonexistent under prior regimes) have generated considerable confusion concerning the ...
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Envisioning Reform: Improving Judicial Performance in Latin America
Limited preview - 2010