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Author : Canadian Judicial Council. Administration of Justice Committee
Publisher : Unknown
Page : 75 pages
File Size : 43,7 Mb
Release : 2006
Category : Court administration
ISBN : 0662495705
Author : Anonim
Publisher : Unknown
Page : 0 pages
File Size : 47,8 Mb
Release : 2006
Category : Court administration
ISBN : 0662442784
The Canadian Judicial Council has long been aware of the inefficiencies of the executive model of Court administration as well as the challenge it presents to the independence of the judiciary. [...] The Subcommittee believes the alternative the Report calls the "Limited Autonomy and Commission Model" will best achieve the goals set out in the terms of reference and what the Supreme Court of Canada refers to in the Remuneration Reference as the constitutional imperative of depoliticizing, to the extent possible, relations between the judiciary and other branches of government. [...] The models examined in this report address two kinds of relationships: 1. the relationship between the judiciary and the government-that is, the relationship that defines the accountabilities and responsibilities of the judiciary or "Court" 2 with respect to court administration policy and operations vis-à-vis the government or the Legislature, the Attorney General and/or the CEO of an independent [...] The second part of the discussion looks at possible institutional obstacles to change in the area of administrative autonomy, namely the federal and parliamentary structures of Canada in the context of the separation of powers. [...] However, the independence of the judiciary, the effectiveness and efficiency of the courts, and public confidence in the justice system requires an improved and robust model that ensures that jurisdictions take full advantage of more of the types of improvements that have already proven to be advantageous.
Author : Hays
Publisher : Routledge
Page : 548 pages
File Size : 42,6 Mb
Release : 2017-10-19
Category : Business & Economics
ISBN : 9781351443081
Blending both the theoretical and applied aspects of contemporary issues in court management, this reference/text offers in-depth coverage of all major topics and developments in judicial systems administration. It is suitable for use in the classroom or for self-study.;Providing the background material to clarify even the most technical management application, this book: presents the history and theory of the court management movement; examines the separation of powers doctrine, and its relationship to judicial independence; discusses the latest developments in court reform, the American Bar Association standards, alternative dispute resolution techniques and caseflow considerations; analyzes unified court budgeting and revenue generation by judicial systems; describes personnel administration, training and jury management; and elucidates court performance evaluation, planning approaches, the use of cameras in the courtroom and audio-visual applications.
Author : Tim Bunjevac
Publisher : Springer Nature
Page : 142 pages
File Size : 53,5 Mb
Release : 2021-01-29
Category : Law
ISBN : 9789813365063
This book is a comparative study of judge-managed court systems across Australia, Europe and North America. This book makes an original contribution to the literature of court administration by providing a framework for examining court-service models of judicial councils, the policymaking bodies of courts and tribunals. This book promises to assist court administration scholars, judicial leaders, and policymakers in devising more effective organizational solutions to the contemporary challenges of judicial self-governance. The author Dr. Tim Bunjevac offers a nuanced elaboration of judicial accountability in court administration and a model institutional framework of court governance, comparing key Australian and international models of court administration, including the Australian Federal and two state court systems, Irish, English, Canadian and Dutch models. With a close case study, the author puts his sharpest focus on the Victoria, Australia, which introduced a judicial council in 2014. This book does an innovative job of proposing a new elaboration of judicial accountability in court administration. This book proposes that the likely success of any court system reform ultimately depends on the quality of the interaction between the courts, government, and other justice system stakeholders, which must be rooted in the concepts of organizational transparency and administrative accountability.
Author : Hector Fix-Fierro
Publisher : Hart Publishing
Page : 281 pages
File Size : 47,5 Mb
Release : 2003-12-31
Category : Law
ISBN : 9781841133829
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.
Author : Susan B. Carbon,Larry Charles Berkson
Publisher : Unknown
Page : 48 pages
File Size : 44,7 Mb
Release : 1978
Category : Court administration
ISBN : UCR:31210024790774
Author : Larry Charles Berkson,Susan Carbon,Judith Rosenbaum
Publisher : Unknown
Page : 280 pages
File Size : 41,5 Mb
Release : 1978
Category : Courts
ISBN : PURD:32754077974131
Author : Anja Seibert-Fohr
Publisher : Springer Science & Business Media
Page : 1378 pages
File Size : 40,7 Mb
Release : 2012-04-25
Category : Law
ISBN : 9783642282997
Strengthening the rule of law has become a key factor for the transition to democracy and the protection of human rights. Though its significance has materialized in international standard setting, the question of implementation is largely unexplored. This book describes judicial independence as a central aspect of the rule of law in different stages of transition to democracy. The collection of state-specific studies explores the legal situation of judiciaries in twenty states from North America, over Western, Central and South-Eastern Europe to post-Soviet states and engages in a comparative legal analysis. Through a detailed account of the current situation it takes stocks, considers advances in and shortcomings of judicial reform and offers advice for future strategies. The book shows that the implementation of judicial independence requires continuous efforts, not only in countries in transition but also in established democracies which are confronted with ever new challenges.
Author : Donald C. Dahlin
Publisher : Unknown
Page : 148 pages
File Size : 50,7 Mb
Release : 1986
Category : Law
ISBN : IND:39000007870293
Author : Great Britain: Parliament: House of Commons: Constitutional Affairs Committee
Publisher : The Stationery Office
Page : 56 pages
File Size : 45,7 Mb
Release : 2007-07-26
Category : Law
ISBN : 0215035607
The creation of the Ministry of Justice made significant changes to the Lord Chancellor's responsibilities, which may affect, in practice or public perception, the core responsibility of being the guardian of judicial independence. This report looks at the way these changes were made and finds the Government underestimated the significance of the changes it announced. The lack of sufficient consultation led to a public conflict between the senior judiciary and the previous Lord Chancellor, which could have been avoided if the lessons from the way changes to the Lord Chancellor's office were announced and effected between 2003 and 2005 had been learnt.
Author : David Kosař
Publisher : Cambridge University Press
Page : 487 pages
File Size : 44,5 Mb
Release : 2016-04
Category : Law
ISBN : 9781107112124
This book investigates the mechanisms of judicial control to determine an efficient methodology for independence and accountability. Using over 800 case studies from the Czech and Slovak disciplinary courts, the author creates a theoretical framework that can be applied to future case studies and decrease the frequency of accountability perversions.
Author : American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association)
Publisher : American Bar Association
Page : 216 pages
File Size : 51,8 Mb
Release : 2007
Category : Law
ISBN : 1590318730
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author : Martin L. Friedland,Canadian Judicial Council
Publisher : Canadian Government Publishing
Page : 432 pages
File Size : 48,6 Mb
Release : 1995
Category : Government publications
ISBN : UIUC:30112021681413
How accountable are judges for their decisions? Should they have greater independence? This study, by University of Toronto law professor Martin Friedland, examines the judiciary in Canada from a variety of perspectives and provides recommendations on these issues to the Canadian Judicial Council. Persons consulted include not only judges but also lawyers, government officials, administrators, and others. Topics include judicial selection, discipline, the administration of the courts, and more.
Author : Lorne Mitchell Sossin,Colleen Marion Flood
Publisher : Unknown
Page : 607 pages
File Size : 50,5 Mb
Release : 2013
Category : Administrative law
ISBN : 1552394719
Author : Ron Ellis
Publisher : UBC Press
Page : 388 pages
File Size : 48,7 Mb
Release : 2013-03-01
Category : Law
ISBN : 9780774824804
Canadian legislatures regularly assign what are truly court functions to non-court, government tribunals. These executive branch “judicial” tribunals are surrogate courts and together comprise a little-known system of administrative justice that annually makes hundreds of thousands of contentious, life-altering judicial decisions concerning the everyday rights of both individuals and businesses. This book demonstrates that, except perhaps in Quebec, the administrative justice system is a justice system in name only. Failing to conform to rule-of-law principles or constitutional norms, its tribunals are neither independent nor impartial and are only providentially competent. Unjust by Design describes a justice system in transcendent need of major restructuring and provides a blueprint for change.
