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 95
... Institutionally Independent Judiciary 97 4 Access to Justice: Legal Assistance, Special Courts, Alternative Dispute Resolution, and Beyond 131 5 Strengthening the Judiciary's Role as a Check on Other Branches of Government 170 part ...
The reform agenda has expanded well beyond the judiciary, including police, prosecution, public defense, the private bar, and law schools and extending into legal and regulatory areas where courts often have little relevance.
It should be emphasized, however, that the reformers' vision did not derive from weighty theoretical arguments about the judiciary's place, but rather from concrete complaints about court performance and their own observations as to ...
... a series of reforms or reform strategies.8 Each of them incorporates a different vision of the judiciary's essential role in and impact on broader societal development and thus implies different objectives and means to reach them.
each other, and thus require fundamental political choices.9 These same and other observers have also begun to question the historical model of the judiciary's role and operations, which suggests that it may itself require ...
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Envisioning Reform: Improving Judicial Performance in Latin America
Limited preview - 2010