The Analysis Of Judicial Reform

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The Analysis of Judicial Reform

Author : Philip L. Dubois
Publisher : Free Press
Page : 248 pages
File Size : 41,8 Mb
Release : 1982
Category : Courts
ISBN : UCAL:B4396937

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The Analysis of Judicial Reform by Philip L. Dubois Pdf

Judicial Reform as Political Insurance

Author : Jodi S. Finkel
Publisher : Unknown
Page : 178 pages
File Size : 49,5 Mb
Release : 2008
Category : History
ISBN : STANFORD:36105124043923

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Judicial Reform as Political Insurance by Jodi S. Finkel Pdf

Jodi S. Finkel examines judicial reforms leading to increased judicial independence and authority in three Latin American countries: Argentina, Mexico, and Peru.

The New EU Judiciary

Author : Emmanuel Guinchard,Marie-Pierre Granger
Publisher : Kluwer Law International B.V.
Page : 448 pages
File Size : 42,5 Mb
Release : 2016-12-15
Category : Law
ISBN : 9789041168405

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The New EU Judiciary by Emmanuel Guinchard,Marie-Pierre Granger Pdf

The Court of Justice of the European Union (CJEU) has started to implement what is arguably the most signi cant set of reforms since the Nice Treaty, with notably the doubling of the number of judges at the General Court and the disappearance of the Civil Service Tribunal. Controversies surrounding the process and outcomes of the reforms called for a broader re ection on the European Courts and the way they cope with old and new challenges. To this end, this volume brings together junior and seasoned academics and practitioners to take stock of the various aspects of these reforms and the overall functioning of the EU Judiciary, from comparative, ‘insider’, and ‘outsider’ perspectives. Broadening and deepening our understanding of the reorganisation of the EU Judiciary, the contributors offer incisive analyses of reforms and evolutions, including: – a critical appraisal of the reform process and the role and powers of the CJEU; – implications of the reforms for the Court of Justice and the General Court; – lessons from the practice of the now dismantled Civil Service Tribunal; – a re ection on the future Uni ed Patent Court; – an evaluation of the role of the CJEU’s members and staffs and their selection; – an insider’s perspective into the workings of the repeat players (Legal Services of the European Commission and of the European Parliament) and the parties’ lawyers; – an assessment of the procedural reforms before the Court of Justice and the General Court with a speci c focus on the PPU; – the unfolding and impact of the digital revolution (e-Curia) on the CJEU; – the challenges of the languages regime and legal reasoning before the CJEU. Comparative perspectives elucidate speci c judiciary reforms across Europe, including detailed analyses of developments at the European Court of Human Rights, the French Conseil Constitutionnel, and the Supreme Court of the United Kingdom. As a timely assessment of the effects of recent reforms on the EU Courts’ decision-making practices, roles, and identities, and more broadly on the legitimacy of the EU and its institutions as a whole, this book is unparalleled. It will be of great value to practitioners engaged in EU litigation, scholars of European law and policymakers at EU institutions, and all those interested in judicial process and reform.

The Politics of Court Reform

Author : Melissa Crouch
Publisher : Cambridge University Press
Page : 449 pages
File Size : 51,6 Mb
Release : 2019-09-19
Category : Law
ISBN : 9781108493468

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The Politics of Court Reform by Melissa Crouch Pdf

Offers an analysis of the politics of court reform through a focused review of Indonesia's complex court system.

Assessing Judicial Reforms in Developing Countries

Author : Juan Carlos Oyanedel
Publisher : Unknown
Page : 128 pages
File Size : 49,6 Mb
Release : 2019
Category : Criminal justice, Administration of
ISBN : 3030142485

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Assessing Judicial Reforms in Developing Countries by Juan Carlos Oyanedel Pdf

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. --

The Judicial Sector in Latin America and the Caribbean

Author : Maria Dakolias
Publisher : World Bank Publications
Page : 96 pages
File Size : 51,6 Mb
Release : 1996-01-01
Category : Law
ISBN : 0821336126

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The Judicial Sector in Latin America and the Caribbean by Maria Dakolias Pdf

"Professional analysis of essential elements of judicial reform, as provided in any country-specific review by the World Bank. As political and economic development continue, greater attention needs to be given to judicial reform. Basic elements of judicial reform include: guaranteeing judicial independence through changes in judicial budgeting, judicial appointment, and disciplinary systems; adopting procedural reforms; enhancing public access to justice; incorporating gender issues in the reform process; and redefining/expanding legal education and training"--Handbook of Latin American Studies, v. 57.

Rule of Law Reform and Development

Author : M. J. Trebilcock,Ronald J. Daniels
Publisher : Edward Elgar Publishing
Page : 381 pages
File Size : 40,5 Mb
Release : 2009-01-01
Category : Law
ISBN : 9781848442979

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Rule of Law Reform and Development by M. J. Trebilcock,Ronald J. Daniels Pdf

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

Trial of Modernity

Author : Anonim
Publisher : Stanford University Press
Page : 378 pages
File Size : 40,9 Mb
Release : 2008
Category : History
ISBN : 9780804779500

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Trial of Modernity by Anonim Pdf

This title explores the Chinese judicial system and its operations in the Rebulican era. It offers an analysis of how judicial reform initiatives were envisioned and pursued by the central government from 1901 through 1937, how the various initiatives were implemented at the provincial and county levels, and much more.

The Politics of Judicial Reform

Author : Philip L. Dubois
Publisher : Lexington Books
Page : 216 pages
File Size : 49,9 Mb
Release : 1982
Category : Law
ISBN : STANFORD:36105043765515

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The Politics of Judicial Reform by Philip L. Dubois Pdf

Judicial Reform and Reorganization in 20th Century Iran

Author : Majid Mohammadi
Publisher : Routledge
Page : 391 pages
File Size : 48,6 Mb
Release : 2013-05-13
Category : Political Science
ISBN : 9781135893422

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Judicial Reform and Reorganization in 20th Century Iran by Majid Mohammadi Pdf

Iran is now at the center of political and social developments in the Middle East. This book examines the reform of the judicial system in 20th century Iran and is the first to relate state-building process with rule of law promotion and judicial reform in the region. This subject occupies the critical juncture of three developments in the contemporary study of Iranian society as an important and early case of social revolution and reform in the Middle East: the state-building process in a non-Western country throughout the 20th century, the incorporation of a non-Western Muslim country into the Western legal framework through codification and transplantation (1911-1979), and the Islamicization process after this critical social development and the Islamic Revolution of 1979. This exceptional study furthers our understanding of Iranian modern history as well as the democratization process, human rights and rule of law issues in the Middle East.

Reforming Justice

Author : Livingston Armytage
Publisher : Cambridge University Press
Page : 383 pages
File Size : 49,7 Mb
Release : 2012-05-03
Category : Law
ISBN : 9781107013827

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Reforming Justice by Livingston Armytage Pdf

Livingston Armytage explores how justice reform can be made more effective.

Judicial Politics in Mexico

Author : Andrea Castagnola,Saul Lopez Noriega
Publisher : Routledge
Page : 190 pages
File Size : 54,7 Mb
Release : 2016-11-03
Category : Political Science
ISBN : 9781315520599

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Judicial Politics in Mexico by Andrea Castagnola,Saul Lopez Noriega Pdf

After more than seventy years of uninterrupted authoritarian government headed by the Partido Revolucionario Institucional (PRI), Mexico formally began the transition to democracy in 2000. Unlike most other new democracies in Latin America, no special Constitutional Court was set up, nor was there any designated bench of the Supreme Court for constitutional adjudication. Instead, the judiciary saw its powers expand incrementally. Under this new context inevitable questions emerged: How have the justices interpreted the constitution? What is the relation of the court with the other political institutions? How much autonomy do justices display in their decisions? Has the court considered the necessary adjustments to face the challenges of democracy? It has become essential in studying the new role of the Supreme Court to obtain a more accurate and detailed diagnosis of the performances of its justices in this new political environment. Through critical review of relevant debates and using original data sets to empirically analyze the way justices voted on the three main means of constitutional control from 2000 through 2011, leading legal scholars provide a thoughtful and much needed new interpretation of the role the judiciary plays in a country’s transition to democracy This book is designed for graduate courses in law and courts, judicial politics, comparative judicial politics, Latin American institutions, and transitions to democracy. This book will equip scholars and students with the knowledge required to understand the importance of the independence of the judiciary in the transition to democracy.

The Judicial System and Reform in Post-Mao China

Author : Dr Yuwen Li
Publisher : Ashgate Publishing, Ltd.
Page : 305 pages
File Size : 41,5 Mb
Release : 2014-11-28
Category : Law
ISBN : 9781472436078

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The Judicial System and Reform in Post-Mao China by Dr Yuwen Li Pdf

This comprehensive study examines the development and changing characteristics of the judicial system and reform process over the past three decades in China. As the role of courts in society has increased so too has the amount of public complaints about the judiciary. At the same time, political control over the judiciary has retained its tight-grip. The shortcomings of the contemporary system, such as institutional deficiencies, shocking cases of injustice and cases of serious judicial corruption, are deemed quite appalling by an international audience. Using a combination of traditional modes of legal analysis, case studies, and empirical research, this study reflects upon the complex progress that China has made, and continues to make, towards the modernisation of its judicial system. Li offers a better understanding on how the judicial system has transformed and what challenges lay ahead for further enhancement. This book is unique in providing both the breadth of coverage and yet the substantive details of the most fundamental as well as controversial subjects concerning the operation of the courts in China.

Judicial Integrity

Author : Anonim
Publisher : BRILL
Page : 321 pages
File Size : 48,5 Mb
Release : 2004-05-01
Category : Law
ISBN : 9789047413714

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Judicial Integrity by Anonim Pdf

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.

Judicial Reform in Latin American Courts

Author : Edgardo Buscaglia
Publisher : Unknown
Page : 128 pages
File Size : 47,5 Mb
Release : 2006
Category : Electronic
ISBN : OCLC:1290323906

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Judicial Reform in Latin American Courts by Edgardo Buscaglia Pdf

This paper delineates a methodology to assess the efficiency and effectiveness of the judicial sectors. It accounts for some of the main obstacles to a well-functioning judiciary and how to assess which reforms may assist in alleviating these obstacles. In addition, it provides a methodology by which to assess the impact ofjudicial reform programs being implemented in a country. Specifically, this paper develops a quantitative framework within which the efficiency and equity of a judicial system can be assessed. The experiences of the judicial systems in Argentina and Ecuador are analyzed within this framework as case examples. Part I of this paper provides a descriptive analysis of the problem of delays in resolving cases in the judiciary. Part II describes the main factors associated with the time to disposition of a case in the two case studies. As a result, Reform programs based on these factors should lead to an improvement in the functioning of the judicial system. Part III develops benchmarks based on standard quality control techniques for the resolution of cases. The benchmarks can serve as performance indicators for the resolution of specific types of cases. In addition, such benchmarks permit the monitoring and evaluation of how judicial reform programs affect the time to resolve a case.