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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... initial short, mass instruction in the new codes), including orientation, general instruction, and specialized skills for different judicial officials; • Creation or strengthening of public prosecution and defense prior to the code's ...
... initial assumptions weakened the process of planning and implementing the new reforms. Some have now been corrected; others have neither been recognized nor caught in the evaluation process. The latter in particular are probably the ...
... initial law. It should also be recognized that for the most part code drafting was done by academics, many of whom had negligible experience in litigating cases under any system. They were very knowledgeable about the content of a ...
... initial and very important bottleneck to implementation. Excessive Optimism About the Time Needed to Produce Change Things have definitely improved from the early days, when proponents appeared to envision an immediate implementation on ...
... initial agreement over the facts of the case, as usually established by the prosecutor or investigative judge's findings. France in fact, as the inquisitorial hold out, brings roughly 95 percent of its cases to some kind of oral hearing ...
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 |