Court Performance Around The World A Comparative Perspective
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Author | : Maria Dakolias |
Publisher | : World Bank Publications |
Total Pages | : 74 |
Release | : 1999-01-01 |
Genre | : Law |
ISBN | : 9780821344361 |
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 |
Total Pages | : 58 |
Release | : 1999 |
Genre | : Law |
ISBN | : 9781280005022 |
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 | : Cambridge University Press |
Total Pages | : 453 |
Release | : 2013-04-08 |
Genre | : Law |
ISBN | : 1107026539 |
Maps the roles in governance that courts are undertaking and how they matter in the political life of these nations.
Author | : Daniel Peat |
Publisher | : Cambridge University Press |
Total Pages | : 292 |
Release | : 2020-07-09 |
Genre | : Law |
ISBN | : 9781108401470 |
Domestic law has long been recognised as a source of international law, an inspiration for legal developments, or the benchmark against which a legal system is to be assessed. Academic commentary normally re-traces these well-trodden paths, leaving one with the impression that the interaction between domestic and international law is unworthy of further enquiry. However, a different - and surprisingly pervasive - nexus between the two spheres has been largely overlooked: the use of domestic law in the interpretation of international law. This book examines the practice of five international courts and tribunals to demonstrate that domestic law is invoked to interpret international law, often outside the framework of Articles 31 to 33 of the Vienna Convention on the Law of Treaties. It assesses the appropriateness of such recourse to domestic law as well as situating the practice within broader debates regarding interpretation and the interaction between domestic and international legal systems.
Author | : Theresa Squatrito |
Publisher | : Cambridge University Press |
Total Pages | : 471 |
Release | : 2018-04-05 |
Genre | : Law |
ISBN | : 1108425690 |
Explores the contributions of international courts and tribunals in terms of performance by offering a comparative analysis of international courts.
Author | : Nuno Garoupa |
Publisher | : University of Chicago Press |
Total Pages | : 286 |
Release | : 2015-11-20 |
Genre | : Law |
ISBN | : 022629059X |
In "Judicial Reputation: A Comparative Theory, "Tom Ginsburg and Nuno Garoupa mean to explain how judges respond to the reputational incentives provided by the different audiences they interact with--lawyers and law professors; politicians; the media; and the public itself--as well as how legal systems design their judicial institutions to calibrate the locally appropriate balance among audiences. Making use by turns of careful empirical work and penetrating conceptual insights, Ginsburg and Garoupa argue that any given judicial structure is best understood not through the lens of legal culture, origin, or tradition, but through the economics of information and reputation.
Author | : Jeroen Duindam |
Publisher | : BRILL |
Total Pages | : 461 |
Release | : 2011-08-11 |
Genre | : Political Science |
ISBN | : 9004206221 |
This volume presents new research on royal courts from antiquity to the modern world, from Asia to Europe. It addresses the interactions of rulers and and elites at court, as well as the multiple connections between court, capital, and realm.
Author | : Andrea Castagnola |
Publisher | : Routledge |
Total Pages | : 191 |
Release | : 2016-11-03 |
Genre | : Political Science |
ISBN | : 1315520605 |
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.
Author | : Daniela Gressani |
Publisher | : World Bank Publications |
Total Pages | : 46 |
Release | : 2002-01-01 |
Genre | : Business & Economics |
ISBN | : 9780821351970 |
This study examines the progress made by the countries of south-east Europe (Albania, Bosnia and Herzegovina, Bulgaria, Croatia, FYR Macedonia, Romania, and the Federal Republic of Yugoslavia) towards implementing structural economic reforms in the three years since the end of the Kosovo conflict, as well as considering the challenges that lie ahead. It discusses four key areas of reform: strengthening public finances and fighting corruption; creating a liberal trade environment; encouraging foreign investment; and fostering the growth of private markets.
Author | : João do Carmo Oliveira |
Publisher | : World Bank Publications |
Total Pages | : 118 |
Release | : 2001-01-01 |
Genre | : Business & Economics |
ISBN | : 9780821350430 |
This report contains the most significant elements of intergovernmental fiscal relations in the Czech Republic including administrative structure, expenditure and revenue assignments, fiscal imbalances and transfers, access to borrowing and indebtedness, and budgeting. Although each of these elements is discussed in its own chapter, it is important to remember that they are interrelated and that reform design needs to be conducted in a coordinated manner.