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. |
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... measure of corruption and exclusionary practices was inevitable.40 Because international experts often tended to be businessmen, theirs was a one-sided view and measure. Singapore, for example, ranks at the top of many ratings ...
... measure of judicial development, the second problem is how to translate them into reform programming. At most, the rankings provide opinions about overall timeliness, honesty, and cost. They do not indicate which kinds of courts, which ...
... measure that was also supposed to make room for more cases). As a reform tool, adr thus extends across several objectives. In some countries it has even been suggested as a mechanism for resolving human rights cases. Although first ...
... measures to improve criminal justice procedures (the use of abbreviated trials or plea bargaining) or enhance access (via alternative mechanisms) would face their own constitutional challenges. Finally, once the genii was out of the ...
... Measures to simplify and rationalize courtroom procedures; • Infrastructure and equipment to support the new proceedings; •. 24. As has been noted by students of the Colombian reforms, as the first new code was being drafted, the law and ...
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 |