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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... Legal and other measures to enhance judicial independence (for example, higher budgets, tenured careers), • Improved selection systems for judges and support personnel, • Courtroom administration, • Judicial (system) administration, ...
Throughout the region, countries adopted judicial councils, representative bodies usually located outside the judiciary and intended to manage the selection and promotions of judges and sometimes court staff. The move was usually linked ...
The basic models may condition the acceptable remedies but do not ensure that the best of them will be selected. Academic Code Drafting in an Empirical Vacuum By now, not even the drafters would disagree that the codes had some ...
U.S.-style oral trials are demonstrably more expensive, both for the parties and the public treasury, but that is only one selection criterion. The more fundamental questions have to do with less quantifiable values—beliefs as to how ...
This is not uncommon in experimental efforts because participants are often selected for their willingness to try new methods and receive special attention from the project directors and consultants. The expectation that these ...
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Envisioning Reform: Improving Judicial Performance in Latin America
Limited preview - 2010