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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In recent years, another, less noticed development has aggravated the traditional gap between those who act and those who critique—the fact that between and within each group the definitions of reform and of the objectives it pursues ...
Creation of independent regulatory agencies with adjudicative powers, outside of the ordinary court system, and • Dejudicialization of some issues traditionally seen by the courts. This is only a partial, illustrative list, ...
... extrapolations from this traditional model and, to the extent they do, may be incorporating its logical inconsistencies. ... new organizations and substantial restructuring of traditional ones; a greater penetration of the national ...
... the traditional Latin American system featured the investigation of a purported crime by an instructional (or investigative) judge and its presentation to the trial judge (in some cases the same person) in the form of a written ...
In the second decade of the reform movement, two other themes joined the institutional strengthening repertoire. The first of these is the issue of access or the provision of judicial services to groups traditionally excluded from their ...
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Envisioning Reform: Improving Judicial Performance in Latin America
Limited preview - 2010