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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The critics often got their facts wrong;1 slighted over the political and practical impediments to rapid change; confused poor planning,. 1. Where this was most obvious was in the descriptions of donor programs.
If the model cannot reconcile the differences, it can recognize them as explicit political choices, which at some point in its development may produce divergent designs. Proceeding obliviously on parallel tracks has its disadvantages ...
each other, and thus require fundamental political choices.9 These same and other observers have also begun to question the historical model of the judiciary's role and operations, which suggests that it may itself require ...
... well as the addition of other elements (the rise in crime rates following the creation of more open political systems, the impact of economic globalization, and an increasing reliance on the judiciary to resolve political conflicts, ...
When the multilateral development banks (mdbs) entered the scene in the early 1990s, they did so over considerable internal resistance because the judiciary was considered “political.” Hence, judicial programs were seen by many as ...
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Envisioning Reform: Improving Judicial Performance in Latin America
Limited preview - 2010