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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introduction: twenty years of reforms and not a consensus in sight overview Judicial reform remains a growth industry in Latin American, for both practitioners and, increasingly, their critics. Nearly twenty years of experience in ...
What remains unclear is whether their comments are having any impact on current reform trends or, in fact, whether the reform practitioners are learning much from one another. One emerging criticism on which many observers agree is that ...
Criminal justice was the target for the first Latin American judicial reforms, and for many it remains the main act. Implementation of the reforms that began in the mid-1980s continues to this day. Their early emergence is explained by ...
... the number of defenders remains inadequate. As of late 2005, Peru had fewer than 300 state-financed defenders for its population of 24 million (interviews, Ministry of Justice). In 2003, Ecuador had fifty-five (Hernández Breña 2003, ...
26. This was a suggestion offered by one of the promoters of the Colombian reforms, after he saw how the code worked in fact. 27. The most significant exception remains Brazil. Mexico is also criminal justice reform 35.
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Envisioning Reform: Improving Judicial Performance in Latin America
Limited preview - 2010