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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... major shortcomings in a series of design and implementation flaws or in participants' failure to tackle the fundamental causes of poor performance. In the majority view, most reforms are still on the wrong track and thus, if they get ...
... major investments, it is a logical candidate for loan programs. Bilateral donors, the United Nations, and the number of foundations already working on reform programs could at best finance pilot court administration programs. Because ...
... major activity has been constitutional change to create constitutional courts or enhance the judicial review powers of supreme courts. The initiative is linked to concerns about judicial independence, but, unlike the earlier stage, is ...
... Major Promoters Judges, civic interest groups, donors, and international ngos Government, donors, the judiciary (but more for the inputs than the results) Civic action groups, sometimes elements of local bar or judiciary Political ...
... major felonies and leaving the minor crimes to the old inquisitorial system.26 As with the questions about the desirability of working systemwide improvements first, however, the reformers have preferred to bet on mandating the entire ...
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 |