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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... important, but the central point is that law indicates an intent to produce change. It does not in itself effect it. The Reforms' Excessive Reliance on the “Inherent” Superiority of the Accusatorial Proceeding and on a Series of ...
... important than the judge in making the new systems work. The principles for their operations were usually included in the procedural code, but, absent considerable internal reorganization and reassignment of power, they were unlikely to ...
... important, in the underlying logic of the system itself. Latin Americans are apparently moving toward their own variation, but it is not evident that all of. 48. The German judge expected to have a more active role in the trial; when the ...
... important, think it is the most likely to leverage further change, or just do not find the other dimensions all that significant. As we shall see, this single-mindedness has costs, not only for what it ignores, but also in advancing ...
... importance of the aims in the Latin American milieu. Nonetheless, when they choose to do so, proponents of this approach ... important. As will be argued, however, this perspective ignores other aspects of change and incorporates a very ...
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 |