Envisioning Reform: Conceptual and Practical Obstacles to Improving Judicial Performance in Latin AmericaJudicial 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. |
From inside the book
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... prosecution, public defense, the private bar, and law schools and extending into legal and regulatory areas where courts often have little relevance. Although the present discussion will focus on judicial reform, it is worth noting that ...
... prosecution, and public defense) in all the above areas, • Strengthening of legally oriented nongovernmental organizations (ngos), • Court annexed and freestanding alternative dispute resolution (adr), Recognition/strengthening of ...
... prosecution, public defense, and the private bar. 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 ...
... prosecutor (rather than a judge), provision of defense counsel who would conduct his own investigation, oral trials in which both the prosecution and defense presented their own evidence and arguments, and a decision by a judge or jury ...
... prosecution), restructuring and reorientation of existing ones (the courts, police, and, where they already were present, public ministries responsible for prosecution),29 provision of new equipment and infrastructure more compatible ...
Other editions - View all
Envisioning Reform: Improving Judicial Performance in Latin America Linn Hammergren Limited preview - 2010 |
Envisioning Reform: Improving Judicial Performance in Latin America Linn A. Hammergren No preview available - 2007 |