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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... Court annexed and freestanding alternative dispute resolution (adr), • Recognition/strengthening of traditional (indigenous) dispute-resolution systems, • Constitutional courts and judicial review powers for supreme courts, ...
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, ...
Enhanced powers and resources have increased the judiciary's impact so that how they use them has become much more important. Reform programs had not anticipated these problems and have yet. 13. See Wilson et al.
... been constitutional change to create constitutional courts or enhance the judicial review powers of supreme courts. ... controlling abuses of power, nonrecognition of constitutional guarantees, and other illegal actions.51 Although ...
Finally, once the genii was out of the bottle, there were many who questioned the desirability of giving so much power to courts that still had not undergone other more basic reforms. Constitutional courts and chambers were often ...
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Envisioning Reform: Improving Judicial Performance in Latin America
Limited preview - 2010