Judicial Reform In Latin America
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Author | : Linn Hammergren |
Publisher | : Penn State Press |
Total Pages | : 362 |
Release | : 2008-03-17 |
Genre | : Political Science |
ISBN | : 0271047992 |
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.
Author | : Pilar Domingo |
Publisher | : University of London Press |
Total Pages | : 196 |
Release | : 2001 |
Genre | : Law |
ISBN | : |
The authors examine the way in which international organizations rationalize and prioritize their reform proposals and agenda in Latin America; how reform agendas are implemented and followed up (or not); how international donor organizations relate to national governments and civil society, and to
Author | : Gretchen Helmke |
Publisher | : Cambridge University Press |
Total Pages | : 353 |
Release | : 2011-01-17 |
Genre | : Political Science |
ISBN | : 1139497162 |
To what extent do courts in Latin America protect individual rights and limit governments? This volume answers these fundamental questions by bringing together today's leading scholars of judicial politics. Drawing on examples from Argentina, Brazil, Chile, Mexico, Colombia, Costa Rica and Bolivia, the authors demonstrate that there is widespread variation in the performance of Latin America's constitutional courts. In accounting for this variation, the contributors push forward ongoing debates about what motivates judges; whether institutions, partisan politics and public support shape inter-branch relations; and the importance of judicial attitudes and legal culture. The authors deploy a range of methods, including qualitative case studies, paired country comparisons, statistical analysis and game theory.
Author | : Juan E. Méndez |
Publisher | : |
Total Pages | : 376 |
Release | : 1999 |
Genre | : History |
ISBN | : |
This study describes a Latin American legal system which punishes only the poor and a democratic state which fails to control its own agents' arbitrary practices. The contributors argue that judicial reform cannot be seperated from human rights and that justice must be made available to the poor.
Author | : Eduardo Lora |
Publisher | : World Bank Publications |
Total Pages | : 474 |
Release | : 2006-10-23 |
Genre | : Political Science |
ISBN | : 0821365762 |
Latin America suffered a profound state crisis in the 1980s, which prompted not only the wave of macroeconomic and deregulation reforms known as the Washington Consensus, but also a wide variety of institutional or 'second generation' reforms. 'The State of State Reform in Latin America' reviews and assesses the outcomes of these less studied institutional reforms. This book examines four major areas of institutional reform: a. political institutions and the state organization; b. fiscal institutions, such as budget, tax and decentralization institutions; c. public institutions in charge of sectoral economic policies (financial, industrial, and infrastructure); and d. social sector institutions (pensions, social protection, and education). In each of these areas, the authors summarize the reform objectives, describe and measure their scope, assess the main outcomes, and identify the obstacles for implementation, especially those of an institutional nature.
Author | : Linn A. Hammergren |
Publisher | : Routledge |
Total Pages | : 232 |
Release | : 2022-06-30 |
Genre | : |
ISBN | : 9780367170189 |
This book addresses the problems of administrative reform in Third World countries by examining recent reform efforts in Peru, Colombia, and Venezuela. It discusses the politics of administrative change and the interaction of the political and technical dimensions of reform in the three countries.
Author | : Juan F. Gonzalez-Bertomeu |
Publisher | : Routledge |
Total Pages | : 297 |
Release | : 2016-04-20 |
Genre | : Law |
ISBN | : 1317026209 |
Traditionally relegated because of political pressure and public expectations, courts in Latin America are increasingly asserting a stronger role in public and political discussions. This casebook takes account of this phenomenon, by offering a rigorous and up-to-date discussion of constitutional adjudication in Latin America in recent decades. Bringing to the forefront the development of constitutional law by Latin American courts in various subject matters, the volume aims to highlight a host of creative arguments and solutions that judges in the region have offered. The authors review and discuss innovative case law in light of the countries’ social, political and legal context. Each chapter is devoted to a discussion of a particular area of judicial review, from freedom of expression to social and economic rights, from the internalization of human rights law to judicial checks on the economy, from gender and reproductive rights to transitional justice. The book thus provides a very useful tool to scholars, students and litigants alike.
Author | : Almut Schilling-Vacaflor |
Publisher | : Routledge |
Total Pages | : 436 |
Release | : 2016-04-29 |
Genre | : Political Science |
ISBN | : 1317088638 |
Latin America has a long tradition of constitutional reform. Since the democratic transitions of the 1980s, most countries have amended their constitutions at least once, and some have even undergone constitutional reform several times. The global phenomenon of a new constitutionalism, with enhanced rights provisions, finds expression in the region, but the new constitutions, such as those of Bolivia, Colombia, Ecuador and Venezuela, also have some peculiar characteristics which are discussed in this important book. Authors from a number of different disciplines offer a general overview of constitutional reforms in Latin America since 1990. They explore the historical, philosophical and doctrinal differences between traditional and new constitutionalism in Latin America and examine sources of inspiration. The book also covers sociopolitical settings, which factors and actors are relevant for the reform process, and analyzes the constitutional practices after reform, including the question of whether the recent constitutional reforms created new post-liberal democracies with an enhanced human and social rights record, or whether they primarily serve the ambitions of new political leaders.
Author | : William Prillaman |
Publisher | : Praeger |
Total Pages | : 216 |
Release | : 2000-04-30 |
Genre | : Law |
ISBN | : |
Prillaman argues that a sound judiciary is critical for building popular support for democracy and laying the foundations for sustainable economic development, but that most Latin American governments have made virtually no progress toward building a more effective judiciary. He shows that the traditional approach to judicial reform is flawed on several levels. Reformers are wrong to focus on a single aspect of the judiciary on the assumption that one reform naturally leads to another. In fact, all aspects of the courts are so closely related that failure to reform one aspect creates a negative synergy that ultimately undermines the reformed areas. Instead, a successful reform strategy must simultaneously tackle independence, accountability, access, and efficiency; otherwise, it is virtually assured of failure. As Prillaman points out, judicial reform is not merely a technical process that can be isolated from broader economic and political forces. Rather, it is an inherently political process that will be opposed by forces ranging from politicians accustomed to stocking the courts to judges and court personnel reluctant to accept greater oversight and professional norms. Based on four case studies, Prillaman concludes that failed judicial reforms have led to growing support for mob lynching and vigilante justice that promises to fill the void created by ineffectual courts—ultimately challenging the quality and sustainability of democracy. An invaluable survey for political scientists, students, and researchers involved with democratic consolidation, institution building, and comparative judicial politics in Latin America specifically and the developing world in general.
Author | : Maria Dakolias |
Publisher | : Hoover Press |
Total Pages | : 40 |
Release | : |
Genre | : Courts |
ISBN | : 9780817957032 |
An essay on the need for a well functioning judiciary system in Latin America.