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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... interest was in the way informal rules and incentive systems shaped behavior. His discussion of institutions was not directed toward encouraging investments in computers and buildings, but absent arguments to the contrary, reforming ...
... interest in the positive service aspects of judicial output and the fact that for many citizens they were beyond reach. Both judiciaries and donors encountered additional reasons for advancing in this area. On the judges' side, there ...
... interest in adr and also added its own twist to the goals—the reduction of civil violence. Whereas donors began by funding extrajudicial programs, often with ngos, court interest in having their own adr facilities has also led to their ...
... interest among legal ngos in public-interest law. While often supporting changes in other areas (guarantees of rights in criminal justice, enhanced access), judicial activism also introduced its own contradictions with the broader ...
... interest. One example is the expansion of the amparo in Mexico's federal courts.54 A Supreme Court decision in the midnineteenth century allowed the use of the amparo (as a due process guarantee) to question the judgments of state ...
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 |