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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An additional problem for anyone writing about the region is the rapid pace at which legally mandated procedures and organizational structures change or the fact that so many legal changes remain paper transformations at best.
... Strengthening of legally oriented nongovernmental organizations (ngos), • Court annexed and freestanding alternative dispute resolution (adr), • Recognition/strengthening of traditional (indigenous) dispute-resolution systems, ...
Alvaro Santos has shared with the author several versions of a still unpublished article on how groups within the World Bank complicate that organization's work with their varying approaches to the role of law and thus to judicial ...
The appearance of Latin American judiciaries and other sector organizations has changed a great deal in twenty years, and they operate differently as well. Many of the partial goals have indeed been advanced—as witnessed by higher ...
... budgetary or human resource management and often have entered into confrontations with the organizations they are supposed to oversee.14 The introduction of judicial careers and secure tenure has brought complaints that “bad” judges ...
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Envisioning Reform: Improving Judicial Performance in Latin America
Limited preview - 2010