Introduction

The Challenge of Judicial Reform

The Problem of Judicial Reform in Latin America

The Experience of Latin American Judicial Reform in Latin America

Some Specific Areas for Further Attention

Some Unanswered Questions on the Role of Judicial Institutions and Societal Expectations

Conclusions

Sources Consulted

Conclusion:
Whether as a result of specific reform programs or merely of broader patterns of socio economic and political change, Latin American judiciaries are undergoing substantial transformations affecting both their internal structures and operations and the external impacts of their actions. Efforts to produce reform have contributed to these regionwide trends and have also increased our knowledge as to the nature and origins of judicial shortcomings and the effects of specific activities designed to overcome them. As much of this knowledge has resulted from failed and misguided efforts as from reform successes, but an improved understanding is important no matter what its origins. However, its value will ultimately depend on how well it is used; mistakes are worthwhile only if we learn not to repeat them. A part of that knowledge also extends to defining our ignorance -- the questions we can’t answer either about how to produce desired improvements or what those improvements really should be.

Judicial reform has reached a critical juncture in Latin America. If we can take advantage of our past mistakes and what they have taught us, assimilate the positive lessons, and focus on the new questions that have emerged, the next generation of reforms may be able to advance more rapidly, even if they of necessity are more selective and less ambitious in their goals. The role of Latin America’s judiciaries has undergone a substantial, undeniable, and probably irreversible change. The challenge is to ensure that the change represents a real improvement, and one which will contribute to the region’s future political and economic advancement.