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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... powers. Those promoted by governments often point to efficiency and modernity, downplaying power enhancement, though not necessarily independence or status. Many governments do not welcome a court system that can effectively oppose ...
... powers of judicial/constitutional review (legal change), creation of constitutional courts, chambers, protected appointments and tenure More courts and judges, simplified and alternative procedures, rightsoriented training, subsidized ...
... powers,” or an ability to order detentions and conduct searches and seizures without judicial permission (Gómez Albarello 1996). In fact, in Colombia, unless a defendant objected to such practices, he might never see a judge until the ...
... Power of Law to Induce Behavioral Change This lesson has been absorbed by long-term participants, but the initial belief explains many problems.35 Moreover, there are always newcomers ready to enact a law to change the world. Drafting ...
... powers accorded to their prosecutors (Wscales) as an inquisitorial holdover. The determination of what is inquisitorial or accusatorial becomes so slippery as to resemble the arguments of neoliberal economists about the ubiquity of ...
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 |