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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More than twenty years into the process, the initial simplicity appears disingenuous. On the one hand, the justifications for the reforms have become more complex. Reform is no longer a question of making an institution of government ...
... are increasingly necessary and what the arguments represent. a brief history of the contemporary latin american judicial reforms As must be apparent from the discussion so far, one initial problem is defining judicial reform.
The initial response was to focus on civil and commercial law, which was believed most relevant to the economic mandate.34 Timing was also critical. Donors had extended their programs to the former Soviet Union and Eastern Europe, ...
The World Bank still attempts to limit loan financing of construction, leaving that for counterpart (that is, country) funding; however, a newly approved judicial reform loan in El Salvador looks much like the initial Venezuela model.
... judicial permission to conduct searches and seizures or to hold a suspect beyond a minimal initial period, forced confessions are forbidden, and any evidence collected as a result of prohibited practices is automatically excluded.
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Envisioning Reform: Improving Judicial Performance in Latin America
Limited preview - 2010