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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... corruption and exclusionary practices was inevitable.40 Because international experts often tended to be businessmen, theirs was a one-sided view and measure. Singapore, for example, ranks at the top of many ratings. Reviewers more ...
... corruption, and the emergence of extrajudicial mechanisms, ranging from vigilante justice to special tribunals outside the ordinary court system.57 In Eastern Europe and the former Soviet Union, the situation has been much the reverse ...
... corruption, and a tendency to fall most heavily on the poor), many of its specific characteristics are quite different from those in Spanish-speaking Latin American. For example, a police official (the delegado, usually a lawyer) ...
... corruption is a nearly universal problem, meaning that those with money to pay bribes can avoid any involvement while those without funds become the scapegoats. An antiquated tradition of weighted evidence (prueba tasada)19 gave most ...
... corruption in the closing decades of the twentieth century, the existing system only generated more abuses and fewer completed cases. The law, existing practices, and the criminal justice personnel were rarely up to the new challenges ...
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 |