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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... of this point and one that has aroused extremely negative reactions from practitioners. For other discussions, see articles in Jensen and Heller (2003). 4. A detailed discussion of this “internal disorder” and its 2 introduction.
Following decades of neglect so pronounced they were commonly termed the “orphan branch of government,” frequent political interference, and consequent internal disorder, the region's judiciaries were widely regarded as incapable of ...
This is only a partial, illustrative list, but it should be evident that it contains internal contradictions. Although individual reforms often mix and match several objectives and activities, and a few appear in virtually every large ...
... internal procedures; reduction of some traditional ills; and greater political presence.11 Nonetheless, as a whole, Latin American judicial systems seem no closer to meeting citizen expectations. Changes in internal structures and ...
When the multilateral development banks (mdbs) entered the scene in the early 1990s, they did so over considerable internal resistance because the judiciary was considered “political.” Hence, judicial programs were seen by many as ...
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Envisioning Reform: Improving Judicial Performance in Latin America
Limited preview - 2010