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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... requiring the use of juries, was also ignored until the day it was to go into effect. It took the country several more years to make any dent in the usual practices. 47. See Sunstein et al. (2002). 44 five approaches to judicial reform.
... requires an understanding both of the internal logic of the invention and of the setting in which it will operate. Logical and theoretical arguments may be a good place to start, but an innovator must also come to grips with the ...
... require far more effort and far more critical examination than does simple imitation. An Excessive Emphasis on the Oral Trial The oral trial lies at the center of the new procedures, as the principle means for guaranteeing immediacy and ...
... require a fundamental choice on the part of the Latin American reformers.58 If they adopt the highly adversarial U.S.-style accusatorial system, they will either have to pay substantially, probably impossibly, more for every case to go ...
... requires a less complex organization than the police or prosecution, but it does require one, with rules, policies, supervision, and training. Just naming and orienting an army of defensores de oWcio (court-appointed lawyers) is ...
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 |