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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... organization, administrative techniques Enhanced powers of judicial/constitutional review (legal change), creation of constitutional courts, chambers, protected appointments and tenure More courts and judges, simplified and alternative ...
... organizational and procedural modifications. Absent these conditions, it becomes simply a way of absorbing resources (often supplied externally), symbolically attacking problems, and keeping judges happy. Activities have also been ...
... organization with some experience in their adoption in any other setting, seems to feel this makes it a reform expert. In the second part of this volume, discussing the routes and impediments to a real comprehensive reform, these ...
... organizations (ngos) in the human rights implications of criminal justice and in the presumed role of the judiciaries in strengthening democratic governance.3 Judicial weaknesses clearly extended beyond the criminal justice area, but ...
... organizations and, closely tied to this, the equally high level of procedural formalism. 5. See Duce (1999) on the Latin American public ministry's different evolution. 6. For an overview of the European variants, see Damaska 28 five ...
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 |