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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Reform is no longer a question of making an institution of government carry out its official role, but rather of ... heralding the shift to access goals and a downgrading of institutional strengthening (called “capacity building”). 7.
On this point Komesar (1994) offers an approach based on the strengths and weaknesses of different institutional alternatives for resolving societal disputes. Shapiro (1981) provides another line of argument, drawing on comparative ...
Sector is itself a vague term, but it is usually taken to encompass those institutions most closely related to the courts—police, prosecution, public defense, and the private bar. How reformers define improvement, what means they use to ...
... the move to create or strengthen market economies (first in the former Soviet Bloc) and its connection to judicial performance; and third, the discovery, by development theorists, of second-generation (institutional) reforms.24 The ...
... particular soon moved into support for criminal justice and some of these other institution as well.35 The court and judicial administration element has been especially favored by the mdbs because it is seen as highly technical and,.
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Envisioning Reform: Improving Judicial Performance in Latin America
Limited preview - 2010