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Envisioning Reform
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 refor...
Justice Reform and Development
This book explores the objectives pursued in donor programs, the methods used to advance them, and the underlying assumptions and strategies. It emphasizes the unexpected and sometimes unpleasant consequences of ignoring not only political and societal constraints but also advances in our technical approaches to performance improvement, the one area where the First World has a comparative advantage. The geographic scope of the work is broad, incorporating examples from Eastern and Central Europe, Latin America, Africa, and the Asia-Pacific region as well as from several First World nations. Justice Reform and Development examines First World assistance to justice or "rule of law" reforms in ...
Justice Reform and Development
This book explores the impact of three decades of donor-sponsored judicial reform in developing countries, and suggests how future efforts might be improved. Responding to a recently articulated thesis, Linn Hammergren argues that claims of the failure of justice reform programs are vastly overstated and based, like the programs themselves, on overly ambitious expectations as to what can be accomplished. Justice Reform and Development argues that the recommended remedies still do not answer the questions of which objectives can reasonably be pursued and suggests justice reform may be more effective if it is not seen as a problem unique to the developing world.
Envisioning Reform
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The Politics Of Justice And Justice Reform In Latin America
The Politics of Justice and Justice Reform in Latin America offers an introduction to the traditional roles and operations of Latin American justice systems and the origins, objectives, and potential of contemporary reform efforts. Its detailed focus on the Peruvian experience is complemented by shorter case studies on Colombia, El Salvador, and Costa Rica and comparative examples from numerous other countries. It views justice reform as both a technical and political process, demonstrating how evolving understandings in both areas have increased conflicts over the limits and direction of future change.
Development and the Politics of Administrative Reform
This book addresses the problems of administrative reform in Third World countries by examining recent reform efforts in Peru, Colombia, and Venezuela. Dr. Hammergren discusses the politics of administrative change and the interaction of the political and technical dimensions of reform in the three countries. The failure of many reform programs, she suggests, can be traced to their conception primarily in technical terms; the neglect of the political dimension encourages a division between the interests dominating the technical, planning stages and the groups needed for implementation. In the case of Third World programs, this division is further aggravated by the impact of external actors o...
Do Judicial Councils Further Judicial Reform?
Central to judicial reform efforts all around the world are the goals of increasing judicial independence and improving the management of courts. One approach that has gained popularity in the past ten years for addressing these issues is creating independent judicial councils. These organizations take over responsibility from ministries of justice or the judicial power itself for selecting and promoting judges, as well as for administering the courts. The hope is that by moving these powers to a less politicized and less bureaucratic organization, real improvements on both judicial independence and court management can be made. Latin America has engaged in substantial efforts along this lin...
Rule of Law Reform and Development
Rule of Law Reform and Development stands out as an important contribution. Michael Trebilcock and Ronald Daniels have produced an ambitious, comprehensive, and persuasive book that will be of interest to both rule of law practitioners and academics. . . the book s overall strengths as a near-encyclopaedic appraisal of law and development will ensure its standing as a key resource for this still rapidly evolving field. Irina Ceric, Canadian Journal of Law and Society This book offers a sophisticated yet pragmatic account of the proper purposes of rule of law reform, the obstacles to achieving it, and the role that the international community can play. The procedural conception of the rule of...
Beyond Common Knowledge
An intensive global search is on for the "rule of law," the holy grail of good governance, which has led to a dramatic increase in judicial reform activities in developing countries. Very little attention, however, has been paid to the widening gap between theory and practice, or to the ongoing disconnect between stated project goals and actual funded activities. Beyond Common Knowledge examines the standard methods of legal and judicial reform. Taking stock of international experience in legal and judicial reform in Latin America, Europe, India, and China, this volume answers key questions in the judicial reform debate: What are the common assumptions about the role of the courts in improving economic growth and democratic politics? Do we expect too much from the formal legal system? Is investing in judicial reform projects a good strategy for getting at the problems of governance that beset many developing countries? If not, what are we missing?
