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 World Bank Institute's rule of law indicator (Kaufman et al. 1999, 2002) highlights the level of judicial corruption, thus explaining why some of the country's it ranks lowest (for example, Nicaragua and Paraguay) come out ...
Indicators of Success Objectives Common Activities Major Promoters Building a strong, professional judiciary as an independent political institution Merit appointments, new forms of judicial governance, budgetary autonomy and higher ...
... the example illustrates, the emphasis on results indicators and economic justifications often pushes project design into a fixation on efficiency—because of the ease with which it can be measured and understood by other disciplines.
Where practices such as usaid's introduction of results indicators forced movement to measures of impact, no one apparently kept track after the fact.27 More complex program design provided other opportunities for slippage.
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Envisioning Reform: Improving Judicial Performance in Latin America
Limited preview - 2010