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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... of small claims and other courts for poor populations, • Integration of administrative court systems into the ordinary judiciary, • Creation of independent regulatory agencies with adjudicative powers, outside 4 introduction.
Creation of independent regulatory agencies with adjudicative powers, outside of the ordinary court system, and • Dejudicialization of some issues traditionally seen by the courts. This is only a partial, illustrative list, ...
... demands for more funding and a notable disinclination to subject its use to ordinary accountability mechanisms.16 For many courts, budgetary independence seems to mean they should get what they want and spend it as they see fit.
When the opening to democracy brought with it an increase in ordinary criminality (either as a result of the end of dictatorial control or, in the case of postconflict countries, the release into civilian life of former combatants), ...
The initiative is linked to concerns about judicial independence, but, unlike the earlier stage, is no longer limited to curbing external interventions in the resolution of ordinary cases. Instead, the call was for the judiciary to ...
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Envisioning Reform: Improving Judicial Performance in Latin America
Limited preview - 2010