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Author: Juan Carlos Oyanedel
Publisher:
ISBN: 9783030142483
Category : Criminal justice, Administration of
Languages : en
Pages :
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Book Description
This book examines how judicial reform can be effectively assessed through a procedural justice approach. It provides a practical framework for assessment of judicial reform, examining a successful reform in Chile through large scale surveys and longitudinal research. Judicial reform is a key element to democratization and modernization processes in the developing world. Practitioners have struggled with ways to analyze the effects of judicial reform, and to define success. Procedural justice theorists propose that people will obey the law if they consider it fair; this affects willingness to collaborate with the police and the courts, and the general approach that the public has towards social regulations. Judicial reforms such as criminal procedure reforms, which explicitly guarantee the development of a fairer judicial process, represent a scenario that puts these theoretical assumptions to the test. With policy recommendations and applications for international judicial reform, this book tests the real conditions of a procedural justice approach with empirical assessment and analysis. With implications for Latin America and countries undergoing judicial or political reforms worldwide, this book will be an important resource for researchers, policy makers and all those interested in the analysis of judicial reforms, democratization processes and the psychology of justice. --
Author: Juan Carlos Oyanedel
Publisher:
ISBN: 9783030142483
Category : Criminal justice, Administration of
Languages : en
Pages :
Get Book Here
Book Description
This book examines how judicial reform can be effectively assessed through a procedural justice approach. It provides a practical framework for assessment of judicial reform, examining a successful reform in Chile through large scale surveys and longitudinal research. Judicial reform is a key element to democratization and modernization processes in the developing world. Practitioners have struggled with ways to analyze the effects of judicial reform, and to define success. Procedural justice theorists propose that people will obey the law if they consider it fair; this affects willingness to collaborate with the police and the courts, and the general approach that the public has towards social regulations. Judicial reforms such as criminal procedure reforms, which explicitly guarantee the development of a fairer judicial process, represent a scenario that puts these theoretical assumptions to the test. With policy recommendations and applications for international judicial reform, this book tests the real conditions of a procedural justice approach with empirical assessment and analysis. With implications for Latin America and countries undergoing judicial or political reforms worldwide, this book will be an important resource for researchers, policy makers and all those interested in the analysis of judicial reforms, democratization processes and the psychology of justice. --
Author: Maria Dakolias
Publisher: World Bank Publications
ISBN: 9780821344361
Category : Law
Languages : en
Pages : 74
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Book Description
World Bank Technical Paper no. 430.QUOTEMany countries are undertaking legal and judicial reforms as part of their overall development programs; there is increasing recognition that economic and social progress requires consolidation of democracy as well as respect for the rule of law and human rights; without these development is not sustainable.QUOTEMany developing countries find that their judiciaries are inconsistent in conflict resolution and carry a large backlog of cases, thus stifling private-sector growth, eroding individual and property rights, and perhaps even violating human rights. Delays affect both the fairness and the efficiency of the system. They impede the public's access to the courts, which, in effect, weakens democracies, the rule of law and the ability to enforce human rights. This paper aims to describe and explain the performance of court systems in a sample of developing and developed countries in order to provide data to those designing or evaluating reforms. The study also seeks to show areas in which international comparison of judicial performance can be fruitful, suggesting indicators that can be used in such comparisons. Finally, it endeavors to provide comparisons of performance within individual countries over time.
Author: Juan Carlos Oyanedel
Publisher: Springer
ISBN: 3030142493
Category : Social Science
Languages : en
Pages : 164
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Book Description
This book examines how judicial reform can be effectively assessed through a procedural justice approach. It provides a practical framework for assessment of judicial reform, examining a successful reform in Chile through large scale surveys and longitudinal research. Judicial reform is a key element to democratization and modernization processes in the developing world. Practitioners have struggled with ways to analyze the effects of judicial reform, and to define success. Procedural justice theorists propose that people will obey the law if they consider it fair; this affects willingness to collaborate with the police and the courts, and the general approach that the public has towards social regulations. Judicial reforms such as criminal procedure reforms, which explicitly guarantee the development of a fairer judicial process, represent a scenario that puts these theoretical assumptions to the test. With policy recommendations and applications for international judicial reform, this book tests the real conditions of a procedural justice approach with empirical assessment and analysis. With implications for Latin America and countries undergoing judicial or political reforms worldwide, this book will be an important resource for researchers, policy makers and all those interested in the analysis of judicial reforms, democratization processes and the psychology of justice.
Author: James Horton Anderson
Publisher: World Bank Publications
ISBN: 9780821361894
Category : Business & Economics
Languages : en
Pages : 144
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Book Description
'Judicial Systems in Transition Economies' looks at the experience of countries in Central and Eastern Europe and the Baltics (CEE) and the Commonwealth of Independent States (CIS) as they reform their legal and judicial institutions to fit the needs of a market economy. The study shows, rather disturbingly, that less progress has been made in judicial reform than in most other areas of institutional reform in these countries. The transition from socialism to capitalism requires a fundamental reorientation of legal and judicial institutions. This study reviews the environment preceding reforms, forces that provoked and supported them, and the reform agendas undertaken in these countries since 1990. Against this background, it exposes the impact of reforms, implementation gaps, and the underlying determinants of success and failure. The report examines how courts have performed, and reveals their impact on public opinion and the business environment. It provides insight into linkages among reforms as well as linkages between reforms and public demand for a fair judiciary. The authors show that while each country presents different challenges and opportunities, certain lessons apply in most settings. Their insights and data would be useful to policy makers, judicial personnel, and those involved in reforming judiciaries. The study draws on numerous data sources. These include the World Bank, the European Bank for Reconstruction and Development (EBRD, the American Bar Association-Central European and Eurasian Law Initiative (ABA-CEELI), the World Values Survey, the World Economic Forum, and the University of Strathclyde.
Author: Maria Dakolias
Publisher: World Bank Publications
ISBN: 9780821336120
Category : Law
Languages : en
Pages : 96
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Book Description
"Professional analysis of essential elements of judicial reform, as provided in any country-specific review by the World Bank. As political and economic development continue, greater attention needs to be given to judicial reform. Basic elements of judicial reform include: guaranteeing judicial independence through changes in judicial budgeting, judicial appointment, and disciplinary systems; adopting procedural reforms; enhancing public access to justice; incorporating gender issues in the reform process; and redefining/expanding legal education and training"--Handbook of Latin American Studies, v. 57.
Author: J. Faundez
Publisher: Springer
ISBN: 1349252298
Category : Political Science
Languages : en
Pages : 291
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Book Description
The provision of legal technical assistance has in recent years become a major concern for international financial institutions, such as the World Bank, and for Western-based bilateral donor agencies. This book offers critical perspectives for the evaluation of legal technical assistance projects and contains proposals for action and research. Five chapters offer general perspectives on law, state and civil society and the remaining six case studies on themes such as economic regulation, agrarian reform, representation of women and access to justice.
Author:
Publisher:
ISBN: 9780271054681
Category : Justice, Administration of
Languages : en
Pages : 352
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Book Description
Author: U S Government Accountability Office (G
Publisher: BiblioGov
ISBN: 9781289231514
Category :
Languages : en
Pages : 60
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Book Description
Pursuant to a congressional request, GAO reviewed U.S. efforts to improve the administration of justice in developing countries, focusing on the: (1) lessons learned from 10 years of judicial reform experience in Latin America; and (2) U.S. government's management approach to judicial reform in the new democratic countries of Central and Eastern Europe. GAO found that: (1) most judicial reform efforts in Latin America have experienced serious problems, but the Agency for International Development (AID) has had success in drawing attention to the need for improved justice systems; (2) the most valuable lessons learned from judicial reform efforts in Latin America include the need to obtain the host country's commitment to the program and address political and systemic obstacles to success, the importance of impact evaluations for sound project management decisions, sufficient embassy support, and the need for experienced staff; (3) AID is applying some of the lessons learned to new programs in Colombia and El Salvador; (4) AID continues to support the Latin American Institute for the Prevention of Crime and Treatment of the Offender (ILANUD) despite its poor performance and the lessening need for a regional approach to judicial reform; (5) the United States is focusing on short-term goals for judicial reform programs in Central and Eastern Europe; (6) the U.S. Information Agency (USIA) is unsure what impact U.S. assistance will have, since the United States has not assessed the long-term needs of Central and East European countries or developed long-term goals and strategies for meeting those needs; and (7) the agencies managing the project have not established lines of authority and responsibility among themselves, resulting in poor oversight and coordination and in-country and embassy staff being left out of decisionmaking.
Author: Dena Ringold
Publisher: World Bank Publications
ISBN: 0821389300
Category : Business & Economics
Languages : en
Pages : 153
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Book Description
The report reviews how citizens can influence education, health and social protection services through access to information and opportunities to hold providers accountable. It takes stock of international evidence and experience from projects supported by the World Bank to identify knowledge gaps, key questions and areas for further work.
Author: Edgardo Buscaglia
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
There is a widespread belief throughout Latin America that the judicial sector is not in a position to foster private sector development within a market system. The courts are overburdened and unable to dispose of cases in a timely fashion. As a result, frustrated litigants lose faith in the public justice system's ability to resolve their disputes. This loss of faith, in turn, causes private parties to factor added costs for judicial delay into their private transactions, and these added costs reduce economic activity and retard economic development. Because there are no viable alternative dispute resolution mechanisms in Latin American countries, the region urgently needs an efficient judicial sector to complement the market reforms recently introduced by many governments. An important implication of this observation is that the enhancement of the capability of the courts to satisfy the demand for dispositions is one of the most important, but least noted, aspects of Latin American economic development strategies. First, we report the results of surveys of court-users in several Latin American countries in an effort to identify the causes of dissatisfaction with the courts. Second, we show that simply increasing the amount of financial resources available to the judiciary will not necessarily increase the courts' efficiency. Finally, we look at a large sample of commercial cases in Argentina and Venezuela to identify court-related and litigant-related factors associated to the length of cost-adjusted time to final disposition of court cases. On the basis of this empirical work we identify the most fruitful courses of judicial reform in Latin America.
