Courts Justice And Efficiency

Author : Hector Fix-Fierro
Publisher : Bloomsbury Publishing
Page : 280 pages
File Size : 41,6 Mb
Release : 2004-01-06
Category : Law
ISBN : 9781847310552

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Courts, Justice, and Efficiency by Hector Fix-Fierro Pdf

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 : Héctor Fix Fierro
Publisher : Unknown
Page : 268 pages
File Size : 45,5 Mb
Release : 2003
Category : Court administration
ISBN : 1472559525

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Courts, Justice and Efficiency by Héctor Fix Fierro Pdf

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 : Canadian Judicial Council
Publisher : Unknown
Page : 56 pages
File Size : 52,7 Mb
Release : 1998
Category : Judges
ISBN : UIUC:30112045263024

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Ethical Principles for Judges by Canadian Judicial Council Pdf

This publication is the latest in a series of steps to assist judges in carrying out their onerous responsibilities, and represents a concise yet comprehensive set of principles addressing the many difficult ethical issues that confront judges as they work and live in their communities. It also provides a sound basis to promote a more complete understanding of the role of the judge in society and of the ethical dilemmas they so often encounter. Sections of the publication cover the following: the purpose of the publication; judicial independence; integrity; diligence; equality; and impartiality, including judicial demeanour, civic and charitable activity, political activity, and conflicts of interest.

Author : Maria Dakolias
Publisher : World Bank Publications
Page : 74 pages
File Size : 55,6 Mb
Release : 1999-01-01
Category : Law
ISBN : 0821344366

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Court Performance Around the World by Maria Dakolias Pdf

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 : Shahla F. Ali
Publisher : Edward Elgar Publishing
Page : 296 pages
File Size : 49,8 Mb
Release : 2018-03-30
Category : Law
ISBN : 9781786435866

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Court Mediation Reform by Shahla F. Ali Pdf

As judiciaries advance, exploring how court mediation programs can provide opportunities for party-directed reconciliation whilst ensuring access to formal legal channels requires careful investigation. Court Mediation Reform explores comparative empirical findings in order to examine the association between court mediation structure and perceptions of justice, efficiency and confidence in courts.

Author : Harry Olson
Publisher : Forgotten Books
Page : 84 pages
File Size : 53,5 Mb
Release : 2018-02-02
Category : Social Science
ISBN : 0267632991

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Efficiency in the Administration of Criminal Justice Address by Harry Olson Pdf

Excerpt from Efficiency in the Administration of Criminal Justice Address: Before the New York State Bar Association, January 12 The earlier court system of the United States was adopted at atime when the thirteen states had no greater population than New York City has today. In the pioneer days, a judge was assigned to a county or to a district. He handled all sorts of litigation, civil and criminal, and traveled from county to county holding terms of court. Litigated cases were simpler in their na ture. As population and wealth increased, and cities developed, the legal problems_became more intricate and more important questions were involved. The tendency was to establish numerous distinct, unrelated courts. As judicial power developed to meet expanding human needs, portions of it were from time to time parceled out to newly created tribunals. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

Author : Karim Benyekhlef,Jane Bailey,Jacquelyn Burkell,Fabien Gélinas
Publisher : University of Ottawa Press
Page : 507 pages
File Size : 40,7 Mb
Release : 2016-09-22
Category : Law
ISBN : 9780776624310

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eAccess to Justice by Karim Benyekhlef,Jane Bailey,Jacquelyn Burkell,Fabien Gélinas Pdf

Part I of this work focuses on the ways in which digitization projects can affect fundamental justice principles. It examines claims that technology will improve justice system efficiency and offers a model for evaluating e-justice systems that incorporates a broader range of justice system values. The emphasis is on the complicated relationship between privacy and transparency in making court records and decisions available online. Part II examines the implementation of technologies in the justice system and the challenges it comes with, focusing on four different technologies: online court information systems, e-filing, videoconferencing, and tablets for presentation and review of evidence by jurors. The authors share a measuring enthusiasm for technological advances in the courts, emphasizing that these technologies should be implemented with care to ensure the best possible outcome for access to a fair and effective justice system. Finally, Part III adopts the standpoints of sociology, political theory and legal theory to explore the complex web of values, norms, and practices that support our systems of justice, the reasons for their well-established resistance to change, and the avenues and prospects of eAccess. The chapters in this section provide a unique and valuable framework for thinking with the required sophistication about legal change.

Author : European Commission for the Efficiency of Justice,Council of Europe
Publisher : Unknown
Page : 241 pages
File Size : 43,8 Mb
Release : 2016-10-12
Category : Electronic
ISBN : 9287182965

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European Judicial Systems by European Commission for the Efficiency of Justice,Council of Europe Pdf

he latest edition of the report by the European Commission for the Efficiency of Justice (CEPEJ), which evaluates the functioning of judicial systems in 45 Council of Europe's Member states as well as in Israel, an observer state to the CEPEJ, continues the process carried out since 2002, focusing on main indicatorsIn addition, it presents, for the first time, the CEPEJ dynamic statistical database - available on internet. Relying on a methodology which is already a reference for collecting and processing large numbers of quantitative and qualitative judicial data, this unique study has been conceived above all as a tool for public policy aimed at improving the efficiency and quality of justice. The objective of the CEPEJ in preparing this report is to enable policy makers, justice practitioners, researchers as well as those who are interested in the functioning of justice in Europe, to have access to the information needed to be able to understand, analyse and reform.

Author : European Commission for the Efficiency of Justice
Publisher : Unknown
Page : 0 pages
File Size : 47,7 Mb
Release : 2016
Category : Conduct of court proceedings
ISBN : 9287182949

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European Judicial Systems by European Commission for the Efficiency of Justice Pdf

The Council of Europe's European Commission for the Efficiency of Justice (CEPEJ) carried out a thorough evaluation of the use of information technology (IT) in the judicial systems of the Organisation's Member states as part of the CEPEJ's 2014-2016 cycle. The aim was not only to draw up an inventory of the development of information technology tools and applications in the courts and prosecution services but also to identify very first means of analysis of their impact on the efficiency and quality of the public service of justice. The first part of the report is devoted to a thorough analysis of the State of development of IT. This analysis leads to a confirmation of the trend outlined in previous reports: most countries have invested significantly in IT for the functioning of their courts. This preliminary finding makes it possible identifying in a second part of this report other trends regarding the impact of information technology from the perspective of efficiency and quality.

Author : Ed Johnston,Anna Pivaty
Publisher : Taylor & Francis
Page : 178 pages
File Size : 52,9 Mb
Release : 2023-03-24
Category : Law
ISBN : 9781000860375

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Efficiency and Bureaucratisation of Criminal Justice by Ed Johnston,Anna Pivaty Pdf

This book tackles the growing issues concerning the managerialism and bureacratisation of criminal justice systems across a number of jurisdictions. Here, managerialism means the move towards more standardised, bureaucratic and efficiency-driven systems, influenced by a desire to ensure predictability, control risks and, ultimately, economic savings via a more efficient process. The volume explores the phenomenon of managerialism in selected national criminal legal systems, covering all stages of criminal case processing from arrest to the imposition of sanction. The selected countries represent diverse socio-economic, political, cultural and legal traditions including common law, civil law, mixed common and civil law and post-Soviet tradition. The book engages with a variety of relevant theoretical concepts, such as fairness, rationality, efficiency and legitimacy. The authors critically examine whether and to what extent the trend towards managerialism is indeed discernible, and what are its likely effects in the given national criminal legal systems. The book will be of interest to students, researchers and practitioners working in the areas of comparative criminal justice and procedure.

Author : Trevor C.W. Farrow
Publisher : University of Toronto Press
Page : 400 pages
File Size : 55,5 Mb
Release : 2014-04-30
Category : Law
ISBN : 9781442695030

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Civil Justice, Privatization, and Democracy by Trevor C.W. Farrow Pdf

Privatization is occurring throughout the public justice system, including courts, tribunals, and state-sanctioned private dispute resolution regimes. Driven by a widespread ethos of efficiency-based civil justice reform, privatization claims to decrease costs, increase speed, and improve access to the tools of justice. But it may also lead to procedural unfairness, power imbalances, and the breakdown of our systems of democratic governance. Civil Justice, Privatization, and Democracy demonstrates the urgent need to publicize, politicize, debate, and ultimately temper these moves towards privatized justice. Written by Trevor C.W. Farrow, a former litigation lawyer and current Chair of the Canadian Forum on Civil Justice, Civil Justice, Privatization, and Democracy does more than just bear witness to the privatization initiatives that define how we think about and resolve almost all non-criminal disputes. It articulates the costs and benefits of these privatizing initiatives, particularly their potential negative impacts on the way we regulate ourselves in modern democracies, and it makes recommendations for future civil justice practice and reform.

Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 47,6 Mb
Release : 2000
Category : Courts
ISBN : OCLC:226436987

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Efficiency, Timeliness, and Quality by Anonim Pdf

Author : Brian J. Ostrom,Roger A. Hanson
Publisher : Unknown
Page : 12 pages
File Size : 51,8 Mb
Release : 2000
Category : Criminal courts
ISBN : IND:30000078790817

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Efficiency, Timeliness, and Quality by Brian J. Ostrom,Roger A. Hanson Pdf

Author : Rebecca Love Kourlis,Dirk Olin
Publisher : Chicago Review Press - Fulcrum
Page : 0 pages
File Size : 55,9 Mb
Release : 2011
Category : Law
ISBN : 1555915388

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Rebuilding Justice by Rebecca Love Kourlis,Dirk Olin Pdf

"Institute for the Advancement of the American Legal System."

Author : Anna Olijnyk
Publisher : Bloomsbury Publishing
Page : 371 pages
File Size : 54,8 Mb
Release : 2019-06-13
Category : Law
ISBN : 9781509910908

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Justice and Efficiency in Mega-Litigation by Anna Olijnyk Pdf

Justice and Efficiency in Mega-Litigation explores the phenomenon of extremely long-running, resource-intensive civil litigation known as 'mega-litigation'. Such litigation challenges the courts to reconcile the objectives of justice and efficiency – for the parties to the case and for the community. Drawing on interviews with judges of the courts of England and Wales, and of Australia, this book shows how judges have responded to these challenges. It situates mega-litigation within broader developments in civil procedure and case management, as well as theoretical debates about the role of courts and the purpose of civil procedure. The book highlights the importance of intensive, creative and flexible case management; focus on the issues in dispute; and, ultimately, each judge's expert intuition.