Envisioning Reform: Conceptual and Practical Obstacles to Improving Judicial Performance in Latin AmericaJudicial 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. |
From inside the book
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... largely positive view of their judiciaries. Unlike most Latin American polls, Toharia's work distinguished among several dimensions of criticism, finding in some cases that it is the “system” not the judges that gets most of the blame ...
... largely on criminal justice from the standpoint of containing human rights abuses and ending the impunity of abusers. On the Latin American side, the reforms drew on a longer-standing interest in adopting more accusatory procedures ...
... largely an internal initiative and has received little funding from or promotion by donors.50 This is understandable in that the major activity has been constitutional change to create constitutional courts or enhance the judicial ...
... largely unsatisfactory nature of the region's criminal justice systems over time, and especially from the mid-twentieth century. Although the situation has been attributed to their inquisitorial nature, other special circumstances may ...
... largely with one individual, both the prosecutor, a member of the public ministry, and defense counsel have access to the findings and can make their own suggestions as to lines of inquiry. The instructional judge is charged with ...
Other editions - View all
Envisioning Reform: Improving Judicial Performance in Latin America Linn Hammergren Limited preview - 2010 |
Envisioning Reform: Improving Judicial Performance in Latin America Linn A. Hammergren No preview available - 2007 |