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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... frequently invented routines and practices that had no legal basis but became more important than the formal rules in determining how things would be done in each courtroom. Judges were often unaware of these measures, which sometimes ...
... frequently with mdb projects, the software and hardware providers were supposed to do the preliminary reorganizational work but gave this short shrift. Whatever their terms of reference said, they interpreted “implementing a new system ...
... frequently exclude themselves from these mandatory practices.25 Judicial independence or the parties' right to privacy (in the case of publication of judgments) is often used to justify this exclusion.26 Not all judiciaries are opposed ...
... frequently the case, when the debtor does not even appear in court. It does, however, raise questions about inadequate notification or a failure to detect abusive credit policies. The corporate model, introduced by engineers and court ...
... frequently led to funds (almost always from mdb loans36) being used to build new palaces of justice rather than lower-level courts in far-removed areas. The World Bank's first Latin American project, in Venezuela, received extensive ...
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 |