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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Although the present discussion will focus on judicial reform, it is worth noting that the judiciary is no longer the sole target and thus that the substitution of such titles as legal and judicial, justice, or rule of law reform is ...
Kleinfeld (2005), while attributing the problem to competing definitions of the rule of law, makes a similar argument. Alvaro Santos has shared with the author several versions of a still unpublished article on how groups within the ...
As a rule, no Latin American judiciary scores any higher than 40 percent in terms of citizen approval, and many have approval rates ranging between 10 and 30 percent. See Martínez (1997, 21). The high scorers are Costa Rica and Uruguay.
... for the failure of the Consensus formula of macroeconomic discipline and a real impetus to work with governmental organizations.37 Of course, North's interest was in the way informal rules and incentive systems shaped behavior.
The World Bank Institute's rule of law indicator (Kaufman et al. 1999, 2002) highlights the level of judicial corruption, thus explaining why some of the country's it ranks lowest (for example, Nicaragua and Paraguay) come out ...
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Envisioning Reform: Improving Judicial Performance in Latin America
Limited preview - 2010