Envisioning Reform: Conceptual and Practical Obstacles to Improving Judicial Performance in Latin America
Judicial 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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... lower rating than one whose local panel figured that a certain 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.
Nevertheless, many countries have revised codes or introduced new bankruptcy, secured collateral, or corporate governance laws on just such reasoning.43 Even assuming that the rankings approximated some measure of judicial development, ...
... a means of expanding access to nontraditional users and decongesting court dockets (an efficiency-enhancement measure that was also supposed to make room for more cases). As a reform tool, adr thus extends across several objectives.
In addition, some 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.
... Police reform, especially, but not wholly, in the investigative areas and relations with prosecutors; • Measures to simplify and rationalize courtroom procedures; • Infrastructure and equipment to support the new proceedings; •.
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Envisioning Reform: Improving Judicial Performance in Latin America
Limited preview - 2010