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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... Legal and other measures to enhance judicial independence (for example, higher budgets, tenured careers), • Improved selection systems for judges and support personnel, • Courtroom administration, • Judicial (system) administration, ...
When judges at all levels consistently overruled the government's emergency economic measures, the fund expressed concern about the lack of control over the judiciary. Peru's experience is also very recent, but the post-Fujimori ...
How reformers define improvement, what means they use to achieve it, and how they measure success vary. The first section of this work looks in greater detail at a series of the most common approximations. Whereas some authors attempt ...
... campaigns.30 Greater familiarity with the sector's weaknesses in general and as they affected the transition to the new systems eventually turned attention to some other elements: measures to strengthen judicial independence, ...
Although proponents of the consensus still hold that the measures (also called “first-generation reforms”) paid off in Latin America by reactivating economic growth, they generally admit that implementation has been imperfect and that ...
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Envisioning Reform: Improving Judicial Performance in Latin America
Limited preview - 2010