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
Results 1-5 of 64
... require fundamental political choices.9 These same. 8. If this was ever a unique conclusion, it by now is shared with several other observers. Kleinfeld (2005), while attributing the problem to competing definitions of the rule of law ...
... 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 modification.10 The various Latin ...
... require different criteria for assessing success. A second is that there really is no universal consensus on the aims and content of reforms, whether in Latin America or worldwide. Behind this is a lack of agreement on the contemporary ...
... require judicial permission to conduct searches and seizures or to hold a suspect beyond a minimal initial period, forced confessions are forbidden, and any evidence collected as a result of prohibited practices is automatically ...
... require either midcourse adjustments or further choices on the part of the reformers. They refer in particular to the more detailed definition of the model each country is trying to adopt. With some effort to place the most fundamental ...
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 |