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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There are certainly more elegant and sophisticated 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 ...
... a series of reforms or reform strategies.8 Each of them incorporates a different vision of the judiciary's essential role in and impact on broader societal development and thus implies different objectives and means to reach them.
Reform programs had not anticipated these problems and have yet to develop a 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 ...
... in the case of postconflict countries, the release into civilian life of former combatants), the two interests were reunited and the code reforms were presented as a means of both guaranteeing due process rights and more effectively ...
Its most fervent proponents present it as a direct and more effective means of resolving any number of societal problems—ranging from communal violence to weakened family ties. adr's attachment to the judicial reform movement is a ...
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Envisioning Reform: Improving Judicial Performance in Latin America
Limited preview - 2010