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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On this point Komesar (1994) offers an approach based on the strengths and weaknesses of different institutional alternatives for resolving societal disputes. Shapiro (1981) provides another line of argument, drawing on comparative ...
Its ambitions are more modest—to highlight the inherent dilemmas, explore the alternatives for resolving them, and so encourage the interested parties' collective reexamination of what they are attempting to create.
In some countries it has even been suggested as a mechanism for resolving human rights cases. Although first strongly resisted by judicial and legal actors, adr has gained dramatically in popularity in the past ten years.48 Many ...
... backlog reduction, fewer delays in resolving Government, donors, the judiciary (but more for the inputs than the results) cases Strengthening the judiciary's role as an independent check on abuses by other governmental actors, ...
... in fact concluded that the government was paying 50 percent more for its criminal justice system and resolving 20 percent fewer cases.31 The ceja study is most positive about the Chilean results but as of 2002 indicated that an ...
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Envisioning Reform: Improving Judicial Performance in Latin America
Limited preview - 2010