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Author: Linn Hammergren
Publisher: Penn State Press
ISBN: 0271047992
Category : Political Science
Languages : en
Pages : 362
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Book Description
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: Linn Hammergren
Publisher: Penn State Press
ISBN: 0271047992
Category : Political Science
Languages : en
Pages : 362
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Book Description
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: Sophie Turenne
Publisher: Springer
ISBN: 3319184857
Category : Law
Languages : en
Pages : 240
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Book Description
This book addresses one central question: if justice is to be done in the name of the community, how far do the decision-makers need to reflect the community, either in their profile or in the opinions they espouse? Each contributor provides an answer on the basis of a careful analysis of the rules, assumptions and practices relating to their own national judicial system and legal culture. Written by national experts, the essays illustrate a variety of institutional designs towards a better reflection of the community. The involvement of lay people is often most visible in judicial appointments at senior court level, with political representatives sometimes appointing judges. They consider the lay involvement in the judicial system more widely, from the role of juries to the role of specialist lay judges and lay assessors in lower courts and tribunals. This lay input into judicial appointments is explored in light of the principle of judicial independence. The contributors also critically discuss the extent to which judicial action is legitimised by any ‘democratic pedigree’ of the judges or their decisions. The book thus offers a range of perspectives, all shaped by distinctive constitutional and legal cultures, on the thorny relationship between the principle of judicial independence and the idea of democratic accountability of the judiciary.
Author: Lawrence Friedman
Publisher: Stanford University Press
ISBN: 0804766959
Category : Law
Languages : en
Pages : 548
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Book Description
This volume of essays examines how the legal systems of the chief countries of Latin America and Mediterranean Europe—Argentina, Brazil, Chile, Colombia, Mexico, Puerto Rico, Venezuela, France, Italy, and Spain—changed in the last quarter of the 20th century. Through essays that provide a wealth of data on the courts and the legal profession in these countries, the book attempts to relate changes in the operation of the legal systems to changes in the political and social history of the societies in which they are embedded. The details vary, in accordance with the particular history and structure of the countries, but there are also key commonalities that run through all of the stories: democratization, globalization, and changes in the legal order that seem to be worldwide; more power to courts; a growing legal profession; and the entry of women into what was once a masculine club.
Author: Kai Ambos
Publisher: Springer Science & Business Media
ISBN: 3642112730
Category : Law
Languages : en
Pages : 168
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Book Description
Striking a balance between peace and justice has long been debated by scholars and practitioners. There has been definite progress in a world in which blanket amnesties were at times granted with little hesitation. There is a growing understanding that accountability has both pragmatic and principled arguments in its favor. Practical arguments as much as shifts in norms have created a situation in which the choice is increasingly seen as "which forms of accountability" rather than a stark one between peace and justice. The Colombian Justice and Peace Law 975 and its implementation offer an interesting and unique approach to dealing with the international crimes committed in Colombia’s decades-long armed conflict. Yet, will this approach suffice with regard to Colombia’s obligations under international law to investigate and prosecute international crimes? Does it meet the standards of the ICC, which has been monitoring the Colombian situation for some time now? In particular, does it pass the complementarity test laid out in the ICC statute or will the ICC have to intervene in Colombia to enforce international criminal law?
Author: Rainer Arnold
Publisher: Springer
ISBN: 3319551868
Category : Law
Languages : en
Pages : 444
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Book Description
Judicial control of public power ensures a guarantee of the rule of law. This book addresses the scope and limits of judicial control at the national level, i.e. the control of public authorities, and at the supranational level, i.e. the control of States. It explores the risk of judicial review leading to judicial activism that can threaten the principle of the separation of powers or the legitimate exercise of state powers. It analyzes how national and supranational legal systems have embodied certain mechanisms, such as the principles of reasonableness, proportionality, deference and margin of appreciation, as well as the horizontal effects of human rights that help to determine how far a judge can go. Taking a theoretical and comparative view, the book first examines the conceptual bases of the various control systems and then studies the models, structural elements, and functions of the control instruments in selected countries and regions. It uses country and regional reports as the basis for the comparison of the convergences and divergences of the implementation of control in certain countries of Europe, Latin America, and Africa. The book’s theoretical reflections and comparative investigations provide answers to important questions, such as whether or not there are nascent universal principles concerning the control of public power, how strong the impact of particular legal traditions is, and to what extent international law concepts have had harmonizing and strengthening effects on internal public-power control.
Author: P. Peter R. Baehr
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041101273
Category : Political Science
Languages : en
Pages : 436
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Book Description
This edition of the "Yearbook on Human Rights in Developing Countries" focuses on government policy with regard to the relationship between human rights and development in Austria, Denmark, the Netherlands and Norway. These thematic studies make a contribution to the discussion on the role of human rights in development policy in what are termed like-minded countries. The "Yearbook" also contains eight country reports which assess human rights trends in countries in the South, covering civil and political as well as economic, social and cultural rights during the period 1992-1994. The reports have a common structure, allowing comparisons between countries. Reports appear on Bangladesh, Botswana, the Philippines and Sudan, which were last covered in the 1990 "Yearbook," and Nicaragua and Surinam, last covered in the 1991 "Yearbook," Colombia and Nigeria are reported on for the first time. The "Yearbook on Human Rights in Developing Countries" is a joint project of the Chr. Michelsen Institute, Bergen, the Norwegian Institute of Human Rights, Oslo, the Raoul Wallenberg Institute of Human Rights and Humanitarian Law, Lund, the Ludwig Boltzmann Institute of Human Rights (BIM), Vienna, and the Netherlands Institute of Human Rights (SIM), Utrecht.
Author: Manuel Eduardo Góngora Mera
Publisher: Manuel Eduardo Gongora-Mera
ISBN: 9968611670
Category : Law
Languages : en
Pages : 323
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Book Description
Author: Inter-American Commission on Human Rights
Publisher: BRILL
ISBN: 9004530584
Category : Law
Languages : en
Pages : 796
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Book Description
The print edition is available as a set of two volumes (9789004327955).
Author: Gretchen Helmke
Publisher: Cambridge University Press
ISBN: 1107405203
Category : History
Languages : en
Pages : 243
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Book Description
This book is a study of how institutional instability affects judicial behavior under dictatorship and democracy.
Author: Inter-American Commission on Human Rights
Publisher: BRILL
ISBN: 9004530622
Category : Law
Languages : en
Pages : 844
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Book Description
