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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... strategy. Leaving aside the accusatorialinquisitorial debate, it might be wiser to separate structure from outcome and focus directly on the improvements in performance being pursued. Because most reforms are still engaged in structural ...
... strategy, the composition of the jury, and even the clothes chosen by the parties as clues to predicting the verdict. The law and the apparent facts of the matter are often only secondary considerations. Many European systems, including ...
... strategies here, not only to respect the historical order, but also because the longer experience allows more time to test the results and mistakes along the way. Many of the (mis)guiding assumptions also operate in other programs—the ...
... strategy: that seeking modernization “for its own sake,” a frequent goal of judiciaries, and efforts to augment the ... strategic objective, improving the courts' impact on economic transactions and investment. It is included here ...
... strategic ground than many of their colleagues pursuing other definitions of reform. Most reform programs, whether donor or locally driven, do include additional objectives, but, at least on the donor side, the critics may be correct in ...
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 |