Envisioning Reform: Conceptual and Practical Obstacles to Improving Judicial Performance in Latin AmericaJudicial 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. |
From inside the book
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... trial and appeal levels. Efficiency-enhancement mechanisms have in some cases posed new barriers to poor users, as demonstrated by a marked reduction in annual filings in several countries.17 The list goes on, but the more general point ...
... trial judge (in some cases the same person) in the form of a written dossier (expediente). The process lent itself ... trials in which both the prosecution and defense presented their own evidence and arguments, and a decision by a judge ...
... trial courts, that create impediments. Perhaps it is rampant crime and not slow debt collection that most deters investors. These issues will be revisited in subsequent chapters. The point for now is that the arguments about economic ...
... trials or plea bargaining) or enhance access (via alternative mechanisms) would face their own constitutional challenges. Finally, once the genii was out of the bottle, there were many who questioned the desirability of giving so much ...
... trial judge or judges have access to the dossier once it is completed, the instructional judge has no further participation in their deliberations. As a rule, European trial judges take a much more active part in the proceedings than do ...
Other editions - View all
Envisioning Reform: Improving Judicial Performance in Latin America Linn Hammergren Limited preview - 2010 |
Envisioning Reform: Improving Judicial Performance in Latin America Linn A. Hammergren No preview available - 2007 |