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. |
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... means of reaching this conclusion and more complex understandings of what courts do and how they do it. It should be emphasized, however, that the reformers' vision did not derive from weighty theoretical arguments about the judiciary's ...
... means to reach them. Moreover, although a truly “holistic” project often works on several fronts at once, the compatibility of the aims, visions of the judicial role, use of the necessary components, and financial implications are not ...
... means for addressing them. For many reformers, they do not exist, at least not in terms of the objectives they are promoting. For virtually every development occasioning alarm on the part of some observers, there are backers arguing ...
... means of both guaranteeing due process rights and more effectively combating crime.28 As developed in the next chapter, this semantic sleight of hand overlooked some real problems in the codes themselves and the potentially ...
... means of expanding access to nontraditional users and decongesting court dockets (an efficiency-enhancement measure that was also supposed to make room for more cases). As a reform tool, adr thus extends across several objectives. In ...
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 |