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.
Results 1-5 of 73
In recent years, another, less noticed development has aggravated the traditional gap between those who act and those who critique—the fact that between and within each group the definitions of reform and of the objectives it pursues ...
Argentina's experience has recently received attention because of difficulties it posed in reaching an agreement with ... Peru's experience is also very recent, but the post-Fujimori constitutional tribunal has begun to overturn some ...
A second area also receiving more attention in recent years is that of constitutional and legal controls, or the judiciary's checks and balance function. This has been largely an internal initiative and has received little funding from ...
In fact, in recent years, a number of common law jurists have begun to suggest the advantages of certain elements of the inquisitorial system. See Strier (1996). 9. See Langer (2004) for a discussion of the variations.
In a recent visit to a Mexican state court, I interviewed the presiding judge in his chambers, while other court personnel conducted the oral “hearing.” Third, in both criminal and civil trials, many Latin American countries still ...
What people are saying - Write a review
Problems and Remedies
Other editions - View all
Envisioning Reform: Improving Judicial Performance in Latin America
Limited preview - 2010