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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These included training programs, the creation of new organizations (public defense and prosecution), restructuring and reorientation of existing ones (the courts, police, and, where they already were present, public ministries ...
Needless to say, auxiliary organizations, like the public ministry, public defense, or police were completely beyond the pale. Over time, they have gradually lessened the strictures, and the Inter-American Development Bank (idb) in ...
... organizations.37 Of course, North's interest was in the way informal rules and incentive systems shaped behavior. ... and other institutions quickly became conflated with large loan programs to benefit these same organizations.
The donor impetus had a similar source—criticism from within and outside their organizations that their programs benefited principally state and elite actors,. 43. For a discussion of the Eastern European experience, see Gupta et al.
organizations that their programs benefited principally state and elite actors, but were not contributing to the new battle on poverty.46 Thus, in the early 1990s, they also began to expand their activities to include support to general ...
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Envisioning Reform: Improving Judicial Performance in Latin America
Limited preview - 2010