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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CONTENTS Acknowledgments vii Introduction: Twenty Years of Reforms and Not a Consensus in Sight 1 part i: five approaches to judicial reform 1 Criminal Justice Reform: Human Rights, Crime Control, and Other Unlikely Bedfellows 27 2 ...
Although the present discussion will focus on judicial reform, it is worth noting that the judiciary is no longer the sole target and thus that the substitution of such titles as legal and judicial, justice, or rule of law reform is ...
Judicial or justice-sector reforms are thus programs that attempt to improve the performance and impact of court or sector operations. Sector is itself a vague term, but it is usually taken to encompass those institutions most closely ...
Over time, they have gradually lessened the strictures, and the Inter-American Development Bank (idb) in particular soon moved into support for criminal justice and some of these other institution as well.35 The court and judicial ...
One potentially positive result was that many countries also took heed of the studies and decided that an investment in improving justice might indeed produce economic growth and attract foreign investment.
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Envisioning Reform: Improving Judicial Performance in Latin America
Limited preview - 2010