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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... existing in the former country and insisting on introducing them even in jurisdictions where the level of demand might not fill the docket of a single judge. The larger point is that the accusatorial system, like all other major legal ...
... existing systems and also innovating freely. This is a legitimate approach as long as (1) it is recognized for what it is and (2) there is far more attention to the results (as getting the model right is not itself a guarantee they will ...
... existing in some Brazilian state courts, gives some pretrial clerical work to private lawyers with offices outside the courts. This is a holdover from historical tradition, and its modification faces strong resistance from the private ...
... existing legal framework. This meant specific provisions—included in procedural codes, organic (organizational) laws, and at times the constitutions—defining such details as the number of courtroom staff, their responsibilities, and how ...
... existing buildings may not be suitable. Many courts rent their installations and have argued that the costs of cabling alone merit moving to more permanent quarters.39 Similar arguments cite the need for new layouts or more room for ...
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 |