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The Judicial Sector in Latin America and the Caribbean

The Judicial Sector in Latin America and the Caribbean
Author: Maria Dakolias
Publisher: World Bank Publications
Total Pages: 96
Release: 1996-01-01
Genre: Law
ISBN: 9780821336120

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"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.


Courts in Latin America

Courts in Latin America
Author: Gretchen Helmke
Publisher: Cambridge University Press
Total Pages: 353
Release: 2011-01-17
Genre: Political Science
ISBN: 1139497162

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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.


Judicial reform in Latin America

Judicial reform in Latin America
Author: Maria Dakolias
Publisher: Hoover Press
Total Pages: 40
Release:
Genre: Courts
ISBN: 9780817957032

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An essay on the need for a well functioning judiciary system in Latin America.


Judicial Institutions in Nineteenth-century Latin America

Judicial Institutions in Nineteenth-century Latin America
Author: Eduardo A. Zimmermann
Publisher: University of London Press
Total Pages: 140
Release: 1999
Genre: Law
ISBN:

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The relevance of lawyers and jurists in the process of state-building in nineteenth-century Latin America has been widely acknowledged. This collection of essays assembles a series of studies dealing with the interaction between the legal world and the wider political, economic, social and cultural processes in which the transition from colonial status to independent nationhood took place. Rather than viewing this transition as a radical transformation of judicial institutions and practices, emphasis has been put upon the continuities between those two phases. The chapters range from general overviews of both colonial and republican Spanish America to more detailed case studies of Mexico, Brazil and Argentina. contributors include: Linda Arnold, Virginia Tech; Osvaldo Barreneche, Universidad Nacional de la Plata, Argentina; Charles R. Cutter, Purdue University; Thomas H. Holloway, Cornell University; Victor M. Uribe, Florida International University.


Do Judicial Councils Further Judicial Reform?

Do Judicial Councils Further Judicial Reform?
Author: Linn A. Hammergren
Publisher:
Total Pages: 56
Release: 2002
Genre: Judicial councils
ISBN:

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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 line. Judicial councils were created in a sizeable number of Latin American countries in the last fifteen years, usually with the support, or even at the urging, of outside supporters of judicial reforms, including the U.S. government and various international institutions. These Latin American judicial councils have now accumulated substantial track records. Consequently they represent an important opportunity for learning about the utility of this approach to judicial reform, with great potential relevance to countries in other regions that may contemplate the creation of such institutions in Eastern Europe, the former Soviet Union, Asia, and elsewhere. Linn Hammergren takes up the challenge of analyzing the record of experience with judicial councils in Latin America and extracting key lessons. The paper is part of a new series commissioned by the Endowment's Democracy and Rule of Law Project to provide thoughtful, practical and challenging analyses of some of the key questions in the field of rule-of-law and foreign investment.


Beyond High Courts

Beyond High Courts
Author: Matthew C. Ingram
Publisher: University of Notre Dame Pess
Total Pages: 463
Release: 2019-05-15
Genre: Political Science
ISBN: 0268102848

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Beyond High Courts: The Justice Complex in Latin America is a much-needed volume that will make a significant contribution to the growing fields of comparative law and politics and Latin American legal institutions. The book moves these research agendas beyond the study of high courts by offering theoretically and conceptually rich empirical analyses of a set of critical supranational, national, and subnational justice sector institutions that are generally neglected in the literature. The chapters examine the region’s large federal systems (Argentina, Brazil, and Mexico), courts in Chile and Venezuela, and the main supranational tribunal in the region, the Inter-American Court of Human Rights. Aimed at students of comparative legal institutions while simultaneously offering lessons for practitioners charged with designing such institutions, the volume advances our understanding of the design of justice institutions, how their form and function change over time, what causes those changes, and what consequences they have. The volume also pays close attention to how justice institutions function as a system, exploring institutional interactions across branches and among levels of government (subnational, national, supranational) and analyzing how they help to shape, and are shaped by, politics and law. Incorporating the institutions examined in the volume into the literature on comparative legal institutions deepens our understanding of justice systems and how their component institutions can both bolster and compromise democracy and the rule of law. Contributors: Matthew C. Ingram, Diana Kapiszewski, Azul A. Aguiar-Aguilar, Ernani Carvalho, Natália Leitão, Catalina Smulovitz, John Seth Alexander, Robert Nyenhuis, Sídia Maria Porto Lima, José Mário Wanderley Gomes Neto, Danilo Pacheco Fernandes, Louis Dantas de Andrade, Mary L. Volcansek, and Martin Shapiro.


International Courts in Latin America and the Caribbean

International Courts in Latin America and the Caribbean
Author: Salvatore Caserta
Publisher: Oxford University Press, USA
Total Pages: 321
Release: 2020-10-29
Genre: Law
ISBN: 0198867999

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This book explores the foundations and evolution of the four Latin American and Caribbean regional economic courts. It argues that local socio-political factors are often the decisive factor in influencing the direction of these Courts, rather than the formally delegated functions they were assigned when established.


For Whom the Bell Tolls

For Whom the Bell Tolls
Author: T. Leigh Anenson
Publisher:
Total Pages: 0
Release: 2009
Genre:
ISBN:

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One of the most pressing challenges facing Latin America is the inadequacy of judicial services. Judicial reform is considered essential to political and economic stability. It is believed that the judiciary will not only reinforce the rule of law, but will also become the very centerpiece for democracy. The key to a successful judicial reform effort will depend, in part, on strengthening the independence of the judiciary. This Comment advocates that an elected judiciary, as opposed to the present appointment system, will create a stronger, more independent, and more responsive system in Latin America. It begins by reviewing the current situation in Latin America to ensure that the proposed remedy is a valid strategy for justice and development. It then examines the judiciary's role in an emerging democratic region such as Latin America from a historical perspective. In particular, it considers the experiences of countries in a similar stage of development and analyzes comparative studies of some Latin American countries. It also considers the current practice of judicial selection in the United States of America. It then evaluates judicial selection by election in Latin America and concludes that it will not only contribute to a stronger judiciary, but one that is more closely connected to the people.