1. Do Judicial Councils Further Judicial Reform? Lessons from Latin America
- Author:
- Linn Hammergren
- Publication Date:
- 06-2002
- Content Type:
- Working Paper
- Institution:
- Carnegie Endowment for International Peace
- Abstract:
- JUDICIAL REFORM EFFORTS IN LATIN AMERICA, and by extension worldwide, seem to fall easily prey to magic bullets. In the past two decades, reformers in the region and aid providers from North America and Western Europe have seized upon a whole series of entry points for judicial reform—including model codes, accusatory criminal justice systems, court administration reforms, information technology, alternative dispute resolution, legal services, and constitutional courts. Sometime during the late 1980s, as the issue of judicial independence came to receive more serious attention, judicial councils joined the list, and nearly a dozen countries adopted them. It was not until the late 1990s that questions about their utility began to emerge. Although Latin America is beginning to reexamine its love affair with the councils, the model has been gaining ground in other regions. Western Europeans, who invented the mechanism, have been suffering their own doubts. This has not prevented their joining with U.S. reformers in recommending it to postcommunist nations in Eastern Europe and the former Soviet Union and in Africa, Asia, and the Middle East. The cautionary lessons from Latin America's several-decade experiment with judicial councils have not yet been analyzed and disseminated. This essay is a start in that direction.
- Topic:
- Democratization and Government
- Political Geography:
- America, Europe, France, South America, Latin America, and Central America