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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... the various values defining good judicial performance—goals relating to costs, access, efficiency, efficacy, and basic fairness at some point come into conflict with each other, and thus require fundamental political choices.9 These ...
each other, and thus 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 ...
A first point then is that all judicial reforms are not the same and that, evaluated in their own terms, they require different criteria for assessing success. A second is that there really is no universal consensus on the aims and ...
the mdbs because it is seen as highly technical and, to the extent it requires major investments, it is a logical candidate for loan programs. Bilateral donors, the United Nations, and the number of foundations already working on reform ...
Due process protections are emphasized at all stages of the proceedings.22 Detained suspects must be provided with a lawyer, prosecutors and police generally require judicial permission to conduct searches and seizures or to hold a ...
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Envisioning Reform: Improving Judicial Performance in Latin America
Limited preview - 2010