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 goal of the present work is to explore the problem, explain its causes, and suggest some remedies that might improve both the impact of ongoing programs and the theoretical and empirical foundations underlying the design of new ones ...
... which suggests that it may itself require modification.10 The various Latin American approaches to reform in some sense arise as extrapolations from this traditional model and, to the extent they do, may be incorporating its logical ...
Among their suggested solutions was increased attention to improving the quality of institutions (also called “second-generation reforms), including those of the justice sector. 38. See Kaufmann et al. (1999, 2002), LaPorta and ...
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 ...
In fact, in recent years, a number of common law jurists have begun to suggest the advantages of certain elements of the inquisitorial system. See Strier (1996). 9. See Langer (2004) for a discussion of the variations.
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Envisioning Reform: Improving Judicial Performance in Latin America
Limited preview - 2010