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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... Constitutional courts and judicial review powers for supreme courts, • Promotion of public-interest law and means of protecting collective and diffuse interests, • Creation of specialized courts, • Creation of small claims and other ...
On the Latin American side, the reforms drew on a longer-standing interest in adopting more accusatory procedures, which the. 20. Jolowicz (2000, 319). 21. Here there is also a tendency to conflate independence with other values such as ...
a longer-standing interest in adopting more accusatory procedures, which the proponents believed were more respectful of due process rights than the existing inquisitorial systems.25 Allowing for variations of detail, the traditional ...
... administration.31 Local reformers were particularly active in promoting the first elements. Their interest, like the code reforms, had earlier origins, but it took new significance with the realization that incompetent, corrupt, ...
Resource constraints meant that most of this early work focused on the criminal courts where delays were seen as damaging to both human rights goals and the interest of combating crime. When the multilateral development banks (mdbs) ...
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Envisioning Reform: Improving Judicial Performance in Latin America
Limited preview - 2010