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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... role as a check on the other branches of government, controlling abuses of power, nonrecognition of constitutional guarantees, and other illegal actions.51 Although several courts in the region historically had these powers, they used ...
... role (and that of other sector institutions—the police, public prosecution, and so forth) in combating crime has been less resisted, because of both the growing public demand and the threats to the courts themselves—via attacks on ...
... role in the proceedings, and much of the real investigation fell to a single judge.11 This individual, the instructional judge, having concluded his study of the case, often changed hats and became the sentencing judge; only in more ...
... role in “leading the police investigation,” that judges take too active a role in the oral trials, and that evidence continues to be collected and presented in written form. If anyone thought oral trials would eliminate the possibility ...
... role, Salvadoran prosecutors asked for guns and finger-printing kits so that they could go to the crime scenes and collect their own evidence. Police. 41. The Centro de Estudios de Justicia de las Américas (ceja) evaluations do make some ...
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 |