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.
Results 1-5 of 90
Creation of independent regulatory agencies with adjudicative powers, outside of the ordinary court system, and • Dejudicialization of some issues traditionally seen by the courts. This is only a partial, illustrative list, ...
... have increased budgetary outlays without necessarily improving service delivery to target groups; moreover, there are indications of a negative impact on juridical security. With more cases and more diverse issues being adjudicated, ...
Many of these activities are discussed in Hammergren (1998a, 1998b, 1998c, and 1998d). For a lengthy and very discursive reflection on these issues (and many others), see Binder and Obando (2004). 31. Although many donors are not quite ...
First there was the issue of. gram 36. See Lawyers Committee for Human Rights and the Venezuelan Program for Human Rights Education and Action (1996) for the report. The World Bank still attempts to limit loan financing of construction, ...
First there was the issue of defining “judicial development.” Absent a structural (what a developed judiciary looks like) or functional (how it operates) definition, the researchers relied on public opinion surveys or expert assessments ...
What people are saying - Write a review
Problems and Remedies
Other editions - View all
Envisioning Reform: Improving Judicial Performance in Latin America
Limited preview - 2010