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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Enhanced powers and resources have increased the judiciary's impact so that how they use them has become much more important. Reform programs had not anticipated these problems and have yet. 13. See Wilson et al.
Correa (1999) is particularly eloquent on the renewed importance of the courts with the democratic opening. See also President's Bipartisan National Commission on Central America (1984), with its contention that the judiciary is the ...
The U.S. Agency for International Development (usaid) was especially important here, because the U.S courts were the most advanced in court administration,33 and the United States at the time still dominated the field in donor ...
This might be called the Singapore ideal—a well-run, extremely efficient system that only does “telephone” (directed) justice when cases are of extreme importance for political elites. 61. One wonders, for example, when the mdbs will ...
Although the situation has been attributed to their inquisitorial nature, other special circumstances may be more important. Latin America's inquisitorial criminal procedures had been inherited from Spain and Portugal during the ...
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Envisioning Reform: Improving Judicial Performance in Latin America
Limited preview - 2010