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Author: Juan Carlos Oyanedel Publisher: Springer ISBN: 3030142493 Category : Social Science Languages : en Pages : 177
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: Springer ISBN: 3030142493 Category : Social Science Languages : en Pages : 177
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 :
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: Alaka Holla Publisher: World Bank Publications ISBN: 0821389807 Category : Business & Economics Languages : en Pages : 153
Book Description
In many low and middle income countries, dismal failures in the quality of public service delivery such as absenteeism among teachers and doctors and leakages of public funds have driven the agenda for better governance and accountability. This has raised interest in the idea that citizens can contribute to improved quality of service delivery by holding policy-makers and providers of services accountable. This proposition is particularly resonant when it comes to the human development sectors health, education and social protection which involve close interactions between providers and citizens/users of services. Governments, NGOs, and donors alike have been experimenting with various social accountability tools that aim to inform citizens and communities about their rights, the standards of service delivery they should expect, and actual performance; and facilitate access to formal redress mechanisms to address service failures. The report reviews how citizens individually and collectively can influence service delivery through access to information and opportunities to use it to hold providers both frontline service providers and program managers accountable. It focuses on social accountability measures that support the use of information to increase transparency and service delivery and grievance redress mechanisms to help citizens use information to improve accountability. The report takes stock of what is known from international evidence and from within projects supported by the World Bank to identify knowledge gaps, key questions and areas for further work. It synthesizes experience to date; identifies what resources are needed to support more effective use of social accountability tools and approaches; and formulates considerations for their use in human development. The report concludes that the relationships between citizens, policy-makers, program managers, and service providers are complicated, not always direct or easily altered through a single intervention, such as an information campaign or scorecard exercise. The evidence base on social accountability mechanisms in the HD sectors is under development. There is a small but growing set of evaluations which test the impact of information interventions on service delivery and HD outcomes. There is ample space for future experiments to test how to make social accountability work at the country level.
Author: Publisher: BRILL ISBN: 9047413717 Category : Law Languages : en Pages : 321
Book Description
Traditional separation of powers theories assumed that governmental despotism will be prevented by dividing the branches of government which will check one another. Modern governments function with unexpected complicity among these branches. Sometimes one of the branches becomes overwhelming. Other governmental structures, however, tend to mitigate these tendencies to domination. Among other structures courts have achieved considerable autonomy vis-à-vis the traditional political branches of power. They tend to maintain considerable distance from political parties in the name of professionalism and expertise. The conditions and criteria of independence are not clear, and even less clear are the conditions of institutional integrity. Independence (including depolitization) of public institutions is of particular practical relevance in the post-Communist countries where political partisanship penetrated institutions under the single party system. Institutional integrity, particularly in the context of administration of justice, became a precondition for accession to the European Union. Given this practical challenge the present volume is centered around three key areas of institutional integrity, primarily within the administration of justice: First, in a broader theoretical-interdisciplinary context the criteria of institutional independence are discussed. The second major issue is the relation of neutralized institutions to branches of government with reference to accountability. Thirdly, comparative experience regarding judicial independence is discussed to determine techniques to enhance integrity.
Author: M. J. Trebilcock Publisher: Edward Elgar Publishing ISBN: 1848442971 Category : Law Languages : en Pages : 381
Book Description
Rule of Law Reform and Development stands out as an important contribution. Michael Trebilcock and Ronald Daniels have produced an ambitious, comprehensive, and persuasive book that will be of interest to both rule of law practitioners and academics. . . the book s overall strengths as a near-encyclopaedic appraisal of law and development will ensure its standing as a key resource for this still rapidly evolving field. Irina Ceric, Canadian Journal of Law and Society This book offers a sophisticated yet pragmatic account of the proper purposes of rule of law reform, the obstacles to achieving it, and the role that the international community can play. The procedural conception of the rule of law offers an appealing alternative to both one-size-fits-all universalism on the one hand and unconstrained relativism on the other. Kevin Davis, New York University School of Law, US This is the book that I have been waiting for. Even though rule of law has become the new mantra in development, its meaning remains elusive and its operational content unclear. This book helps us think systematically about it. Grounded in a procedural conceptualization of the rule of law, and supported by detailed case studies, Trebilcock and Daniels analysis lays out a theoretically sophisticated, yet practical agenda for making progress with rule-of-law reforms. Dani Rodrik, Harvard University, US This is a book on the role of legal institutions in economic development that is rich in institutional analysis and nuanced in terms of sensitivity to social, historical and political-economy issues that arise in the implementation of the rule of law. I particularly value its major focus on the need for balance between independence and accountability that afflict any rule of law reform: a balance which is missing in more one-sided accounts in the literature. I believe the book will be widely read and appreciated. Pranab Bardhan, University of California, Berkeley, US Within the law and development literature it is the most knowledgeable and comprehensive book on legal reform. I think that it will find a grateful readership among people working in development agencies, in humanitarian organizations and among scholars and students of development studies. Hans-Bernd Schäfer, University of Hamburg, Germany By identifying the key politico-economic reasons why rule-of-law reforms in developing countries have faltered and drawing out the implications for future strategy, this book is of immense importance and should be widely read. Anthony Ogus, CBE, FBA, University of Manchester, UK This important book addresses a number of key issues regarding the relationship between the rule of law and development. It presents a deep and insightful inquiry into the current orthodoxy that the rule of law is the panacea for the world s problems. The authors chart the precarious progress of law reforms both in overall terms and in specific policy areas such as the judiciary, the police, tax administration and access to justice, among others. They accept that the rule of law is necessarily tied to the success of development, although they propose a set of procedural values to enlighten this institutional approach. The authors also recognize that states face difficulties in implementing this institutional structures and identify the probable impediments, before proposing a rethink of law reform strategies and offering some conclusions about the role of the international community in the rule of law reform. Reviewing the progress in the rule of law reform in developing countries, specifically four regions Latin America, Africa, Central and Eastern Europe, and Asia this book makes a significant contribution to the literature. It will be of great interest to scholars and advanced students, as well as practitioners in the field, including international and bilateral aid agencies working on rule of law reform projects, and international and regional non-governmental organiza
Author: National Research Council Publisher: National Academies Press ISBN: 0309278937 Category : Law Languages : en Pages : 463
Book Description
Adolescence is a distinct, yet transient, period of development between childhood and adulthood characterized by increased experimentation and risk-taking, a tendency to discount long-term consequences, and heightened sensitivity to peers and other social influences. A key function of adolescence is developing an integrated sense of self, including individualization, separation from parents, and personal identity. Experimentation and novelty-seeking behavior, such as alcohol and drug use, unsafe sex, and reckless driving, are thought to serve a number of adaptive functions despite their risks. Research indicates that for most youth, the period of risky experimentation does not extend beyond adolescence, ceasing as identity becomes settled with maturity. Much adolescent involvement in criminal activity is part of the normal developmental process of identity formation and most adolescents will mature out of these tendencies. Evidence of significant changes in brain structure and function during adolescence strongly suggests that these cognitive tendencies characteristic of adolescents are associated with biological immaturity of the brain and with an imbalance among developing brain systems. This imbalance model implies dual systems: one involved in cognitive and behavioral control and one involved in socio-emotional processes. Accordingly adolescents lack mature capacity for self-regulations because the brain system that influences pleasure-seeking and emotional reactivity develops more rapidly than the brain system that supports self-control. This knowledge of adolescent development has underscored important differences between adults and adolescents with direct bearing on the design and operation of the justice system, raising doubts about the core assumptions driving the criminalization of juvenile justice policy in the late decades of the 20th century. It was in this context that the Office of Juvenile Justice and Delinquency Prevention (OJJDP) asked the National Research Council to convene a committee to conduct a study of juvenile justice reform. The goal of Reforming Juvenile Justice: A Developmental Approach was to review recent advances in behavioral and neuroscience research and draw out the implications of this knowledge for juvenile justice reform, to assess the new generation of reform activities occurring in the United States, and to assess the performance of OJJDP in carrying out its statutory mission as well as its potential role in supporting scientifically based reform efforts.
Author: Klaus Deininger Publisher: World Bank Publications ISBN: 0821387588 Category : Political Science Languages : en Pages : 169
Book Description
Increased global demand for land posits the need for well-designed country-level land policies to protect long-held rights, facilitate land access and address any constraints that land policy may pose for broader growth. While the implementation of land reforms can be a lengthy process, the need to swiftly identify key land policy challenges and devise responses that allow the monitoring of progress, in a way that minimizes conflicts and supports broader development goals, is clear. The Land Governance Assessment Framework (LGAF) makes a substantive contribution to the land sector by providing a quick and innovative tool to monitor land governance at the country level. The LGAF offers a comprehensive diagnostic tool that covers five main areas for policy intervention: Legal and institutional framework; Land use planning, management and taxation; Management of public land; Public provision of land information; and Dispute resolution and conflict management. The LGAF assesses these areas through a set of detailed indicators that are rated on a scale of pre-coded statements (from lack of good governance to good practice). While land governance can be highly technical in nature and tends to be addressed in a partial and sporadic manner, the LGAF posits a tool for a comprehensive assessment, taking into account the broad range of issues that land governance encompasses, while enabling those unfamiliar with land to grasp its full complexity. The LGAF will make it possible for policymakers to make sense of the technical levels of the land sector, benchmark governance, identify areas that require further attention and monitor progress. It is intended to assist countries in prioritizing reforms in the land sector by providing a holistic diagnostic review that can inform policy dialogue in a clear and targeted manner. In addition to presenting the LGAF tool, this book includes detailed case studies on its implementation in five selected countries: Peru, the Kyrgyz Republic, Ethiopia, Indonesia and Tanzania.
Author: World Bank Group Publisher: World Bank Publications ISBN: 1464809518 Category : Business & Economics Languages : en Pages : 605
Book Description
Why are carefully designed, sensible policies too often not adopted or implemented? When they are, why do they often fail to generate development outcomes such as security, growth, and equity? And why do some bad policies endure? World Development Report 2017: Governance and the Law addresses these fundamental questions, which are at the heart of development. Policy making and policy implementation do not occur in a vacuum. Rather, they take place in complex political and social settings, in which individuals and groups with unequal power interact within changing rules as they pursue conflicting interests. The process of these interactions is what this Report calls governance, and the space in which these interactions take place, the policy arena. The capacity of actors to commit and their willingness to cooperate and coordinate to achieve socially desirable goals are what matter for effectiveness. However, who bargains, who is excluded, and what barriers block entry to the policy arena determine the selection and implementation of policies and, consequently, their impact on development outcomes. Exclusion, capture, and clientelism are manifestations of power asymmetries that lead to failures to achieve security, growth, and equity. The distribution of power in society is partly determined by history. Yet, there is room for positive change. This Report reveals that governance can mitigate, even overcome, power asymmetries to bring about more effective policy interventions that achieve sustainable improvements in security, growth, and equity. This happens by shifting the incentives of those with power, reshaping their preferences in favor of good outcomes, and taking into account the interests of previously excluded participants. These changes can come about through bargains among elites and greater citizen engagement, as well as by international actors supporting rules that strengthen coalitions for reform.
Author: Eduardo Lora Publisher: World Bank Publications ISBN: 0821365762 Category : Political Science Languages : en Pages : 474
Book Description
Latin America suffered a profound state crisis in the 1980s, which prompted not only the wave of macroeconomic and deregulation reforms known as the Washington Consensus, but also a wide variety of institutional or 'second generation' reforms. 'The State of State Reform in Latin America' reviews and assesses the outcomes of these less studied institutional reforms. This book examines four major areas of institutional reform: a. political institutions and the state organization; b. fiscal institutions, such as budget, tax and decentralization institutions; c. public institutions in charge of sectoral economic policies (financial, industrial, and infrastructure); and d. social sector institutions (pensions, social protection, and education). In each of these areas, the authors summarize the reform objectives, describe and measure their scope, assess the main outcomes, and identify the obstacles for implementation, especially those of an institutional nature.
Author: Juan Carlos Oyanedel
Author: Juan Carlos Oyanedel
Author: Juan Carlos Oyanedel
Author: Alaka Holla
Author: 
Author: M. J. Trebilcock
Author: National Research Council
Author: Klaus Deininger
Author: World Bank Group
Author: 
Author: Eduardo Lora