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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As the author, I owe an enormous debt to a list of individuals so long it would constitute a chapter in itself. They are the people who have taught me; worked with me and sometimes for me; shared their experiences and opinions; ...
Although individual reforms often mix and match several objectives and activities, and a few appear in virtually every large program, a case can be made for the gradual emergence of a series of reforms or reform strategies.8 Each of ...
These individual treatments also discuss effects and problems arising from the compartmentalized pursuit of goals. The sequencing varies from that of the chart, instead based on an approximation of the chronological order in which the ...
Although the investigation lies largely with one individual, both the prosecutor, a member of the public ministry, and defense counsel have access to the findings and can make their own suggestions as to lines of inquiry.
The public ministry, where it even existed, often played a highly symbolic role in the proceedings, and much of the real investigation fell to a single judge.11 This individual, the instructional judge, having concluded his study of the ...
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Envisioning Reform: Improving Judicial Performance in Latin America
Limited preview - 2010