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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They almost inevitably find 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 ...
the mdbs because it is seen as highly technical and, to the extent it requires major investments, it is a logical candidate for loan programs. Bilateral donors, the United Nations, and the number of foundations already working on reform ...
This has been 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 ...
Indicators of Success Objectives Common Activities Major Promoters Building a strong, professional judiciary as an independent political institution Merit appointments, new forms of judicial governance, budgetary autonomy and higher ...
... when the basics of the new procedures were already in place.25 Others have argued, before or after the fact, for a still-more-gradual phasing in of the entire procedures—per- haps starting with only major felonies and leaving the ...
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Envisioning Reform: Improving Judicial Performance in Latin America
Limited preview - 2010