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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Their external critics are no less susceptible to these leanings. Ideology and subjective preferences continue to shape their understandings of what has been attempted, what is possible, and what was accomplished.
... 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, outcomes have become less predictable, ...
18. Most notably Prillaman (2000), but others have also used these categories or other, similar ones. 19. As has been repeatedly noted, access to justice is not the same as access to the courts; it could be both more and less. 20.
Where courts are so corrupt that no one uses them, they will be “less of an impediment to business transactions” than others that are more honest but highly bureaucratized. investors. Nevertheless, many countries have revised codes or ...
... only tolerated by the regular judiciary (because they use lay judges), were also given a push in that country and now represent another regional model.45 Other countries have followed suit, if on a less expansive scale.
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Envisioning Reform: Improving Judicial Performance in Latin America
Limited preview - 2010