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Author: Maria Dakolias
Publisher: World Bank Publications
ISBN: 9780821344361
Category : Law
Languages : en
Pages : 74
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Book Description
World Bank Technical Paper no. 430.QUOTEMany countries are undertaking legal and judicial reforms as part of their overall development programs; there is increasing recognition that economic and social progress requires consolidation of democracy as well as respect for the rule of law and human rights; without these development is not sustainable.QUOTEMany developing countries find that their judiciaries are inconsistent in conflict resolution and carry a large backlog of cases, thus stifling private-sector growth, eroding individual and property rights, and perhaps even violating human rights. Delays affect both the fairness and the efficiency of the system. They impede the public's access to the courts, which, in effect, weakens democracies, the rule of law and the ability to enforce human rights. This paper aims to describe and explain the performance of court systems in a sample of developing and developed countries in order to provide data to those designing or evaluating reforms. The study also seeks to show areas in which international comparison of judicial performance can be fruitful, suggesting indicators that can be used in such comparisons. Finally, it endeavors to provide comparisons of performance within individual countries over time.
Author: Maria Dakolias
Publisher: World Bank Publications
ISBN: 9780821344361
Category : Law
Languages : en
Pages : 74
Get Book
Book Description
World Bank Technical Paper no. 430.QUOTEMany countries are undertaking legal and judicial reforms as part of their overall development programs; there is increasing recognition that economic and social progress requires consolidation of democracy as well as respect for the rule of law and human rights; without these development is not sustainable.QUOTEMany developing countries find that their judiciaries are inconsistent in conflict resolution and carry a large backlog of cases, thus stifling private-sector growth, eroding individual and property rights, and perhaps even violating human rights. Delays affect both the fairness and the efficiency of the system. They impede the public's access to the courts, which, in effect, weakens democracies, the rule of law and the ability to enforce human rights. This paper aims to describe and explain the performance of court systems in a sample of developing and developed countries in order to provide data to those designing or evaluating reforms. The study also seeks to show areas in which international comparison of judicial performance can be fruitful, suggesting indicators that can be used in such comparisons. Finally, it endeavors to provide comparisons of performance within individual countries over time.
Author: M. Dakolias
Publisher: World Bank Group
ISBN: 9781280005022
Category : Law
Languages : en
Pages : 58
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Book Description
Increasing importance has been placed on an effective and efficient judiciary by governments and civil society. However, apart from decisions that they render, little is known about court performance trends. The judicial reform experiences so far have made it clear that more information is needed to review and compare trends among different countries. This paper addresses the efficiency aspect of court performance, as it can be quantitatively measured using objective data. In addition, congestion, cost, and delay are some of the problems most often complained about by the public. This paper reviews data collected from eleven countries on three continents and provides a description of performance. The main areas of comparison include the number of cases filed, resolved, and pending per judge, the clearance and congestion rates, time to resolve a case, the number of judges, and the cost of a case. The paper also reviews the recent trends within each country and discusses some possible reforms.
Author: Diana Kapiszewski
Publisher:
ISBN: 9781107055735
Category : LAW
Languages : en
Pages :
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Book Description
In the early twenty-first century, courts have become versatile actors in the governance of many constitutional democracies, and judges play a variety of roles in politics and policy making. Assembling papers penned by an array of academic specialists on high courts around the world, and presented during a year-long Andrew W. Mellon Foundation John E. Sawyer Seminar at the University of California, Berkeley, this volume maps the roles in governance that courts are undertaking and the ways in which they have come to matter in the political life of their nations. It offers empirically rich accounts of dramatic judicial actions in the Americas, Europe, the Middle East, and Asia, exploring the political conditions and judicial strategies that have fostered those assertions of power, and evaluating when and how courts' performance of new roles has been politically consequential. By focusing on the content and consequences of judicial power, the book advances a new agenda for the comparative study of courts.
Author:
Publisher:
ISBN: 9781107255579
Category : Courts
Languages : en
Pages :
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Book Description
"In the early twenty-first century, courts have become versatile actors in the governance of many constitutional democracies, and judges play a variety of roles in politics and policy making. Assembling papers penned by an array of academic specialists on high courts around the world, and presented during a year-long Andrew W. Mellon Foundation John E. Sawyer Seminar at the University of California, Berkeley, this volume maps the roles in governance that courts are undertaking and the ways in which they have come to matter in the political life of their nations. It offers empirically rich accounts of dramatic judicial actions in the Americas, Europe, the Middle East, and Asia, exploring the political conditions and judicial strategies that have fostered those assertions of power, and evaluating when and how courts' performance of new roles has been politically consequential. By focusing on the content and consequences of judicial power, the book advances a new agenda for the comparative study of courts"--
Author: James Thuo Gathii
Publisher: Oxford University Press, USA
ISBN: 0198868472
Category : Law
Languages : en
Pages : 385
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Book Description
This book argues that we must look beyond the traditional criteria of compliance and effectiveness to judge the performance of Africa's international courts. It demonstrates how these courts are important venues for activists and opposition parties to wage political, social, environmental, and legal struggles on the international stage.
Author:
Publisher: BRILL
ISBN: 900420623X
Category : Political Science
Languages : en
Pages : 460
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Book Description
In recent decades the history of premodern states and empires has undergone major revision. At the heart of this process stood the court, encompassing the household as well as government institutions. This volume for the first time brings together the fruits of research on royal courts from antiquity to the modern world, from Asia to Europe. The authors are acknowledged specialists in their own fields, but they address themes relevant for all courts: the inner and outer dimensions of court architecture as well as staff organizations; the connections between court, capital, and realm; the relationship of the ruler with relatives and other elites. This volume pioneers comparative history combining a rich empirical orientation with a critical assessment of theoretical perspectives. This title is available online in its entirety in Open Access Contributors: Tülay Artan, Gojko Barjamovic, Peter Fibiger Bang, Jeroen Duindam, Sabine Dabringhaus, Nadia Maria El Cheikh, Ebba Koch, Metin Kunt, Paul Magdalino, Rosamond McKitterick, Ruth Macrides, Rolf Strootman, Isenbike Togan, Maria Antonietta Visceglia, and Andrew Wallace-Hadrill.
Author:
Publisher: BRILL
ISBN: 9047413717
Category : Law
Languages : en
Pages : 321
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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: Nicholas Theodore Aroney
Publisher: University of Toronto Press
ISBN: 1487511485
Category : Law
Languages : en
Pages : 600
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Book Description
Courts are key players in the dynamics of federal countries since their rulings have a direct impact on the ability of governments to centralize and decentralize power. Courts in Federal Countries examines the role high courts play in thirteen countries, including Australia, Brazil, Canada, Germany, India, Nigeria, Spain, and the United States. The volume’s contributors analyse the centralizing or decentralizing forces at play following a court’s ruling on issues such as individual rights, economic affairs, social issues, and other matters. The thirteen substantive chapters have been written to facilitate comparability between the countries. Each chapter outlines a country’s federal system, explains the constitutional and institutional status of the court system, and discusses the high court’s jurisprudence in light of these features. Courts in Federal Countries offers insightful explanations of judicial behaviour in the world’s leading federations.
Author: Dr. Dennis.
Publisher: Trafford Publishing
ISBN: 1698711050
Category : Law
Languages : en
Pages : 289
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Book Description
This book provides decisive guidance on the techniques in counting and classifying cases, which are applicable in any court system and also advances the use of sophisticated equilibrium modeling techniques in determining the optimal quantity of cases and timelines from filing to disposition. Crucially, this book also provides a detailed exposition on the application of twenty-nine statistical formula subdivided into twelve productivity metrics, eight time lag metrics, five civil case activity efficiency metrics, and four judicial resource management metrics. These metrics provide a solid basis for the effective management and mobilization of judicial resources. The book also uses regression analyses in analyzing the factors which explain court productivity in the Jamaican court system and found decisively that the single most important factor explaining court productivity in the civil and criminal jurisdictions of the parish courts was the demand for judicial services, suggesting that judges respond positively to increased demand by increasing output.
Author: Hector Fix-Fierro
Publisher: Bloomsbury Publishing
ISBN: 1847310559
Category : Law
Languages : en
Pages : 280
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Book Description
This study explores the socio-legal context of economic rationality in the legal and judicial systems. It examines the meaning and relevance of the concept of efficiency for the operation of courts and court systems,seeking to answer questions such as: in what sense can we say that the adjudicative process works efficiently? What are the relevant criteria for the measurement and assessment of court efficiency? Should the courts try to operate efficiently and to what extent is this viable? What is the proper relationship between 'efficiency' and 'justice' considerations in a judicial proceeding? To answer these questions, a conceptual framework is developed on the basis of empirical studies and surveys carried out mainly in the United States, Western Europe and Latin America. Two basic ideas emerge from it. First, economic rationality has penetrated the legal and judicial systems at all levels and dimensions, from the level of society as a whole to the day-to-day operation of the courts, from the institutional dimension of adjudication to the organizational context of judicial decisions. Far from being an alien value in the judicial process, efficiency has become an inseparable part of the structure of expectations we place on the legal system. Second, economic rationality is not the prevalent value in legal decision-making, as it is subject to all kinds of constraints, local conditions and concrete negotiations with other values and interests.
