Court Performance Around the World
Court Performance Around the World

Author: Maria Dakolias

Publisher: World Bank Publications

Published: 1999-01-01

Total Pages: 74

ISBN-13: 9780821344361

DOWNLOAD EBOOK

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.

Court Performance Around the World: a Comparative Perspective
Court Performance Around the World: a Comparative Perspective

Author: M. Dakolias

Publisher: World Bank Group

Published: 1999

Total Pages: 58

ISBN-13: 9781280005022

DOWNLOAD EBOOK

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.

Human Rights and Judicial Review: A Comparative Perspective
Human Rights and Judicial Review: A Comparative Perspective

Author: David M. Beatty

Publisher: BRILL

Published: 2021-09-27

Total Pages: 374

ISBN-13: 9004479406

DOWNLOAD EBOOK

Human Rights and Judicial Review: A Comparative Perspective collects, in one volume, a basic description of the most important principles and methods of analysis followed by the major Courts enforcing constitutional Bills of Rights around the world. The Courts include the Supreme Courts of Japan, India, Canada and the United States, the Constitutional Courts of Germany and Italy and the European Court of Human Rights. Each chapter is devoted to an analysis of the substantive jurisprudence developed by these Courts to determine whether a challenged law is constitutional or not, and is written by members of these Courts who have had a prior academic career. The book highlights the similarities and differences in the analytical methods used by these courts in determining whether or not someone's constitutional rights have been violated. Students and scholars of constitutional law and human rights, judges and advocates engaged in constitutional litigation will find the book a unique and valuable resource.

Consequential Courts
Consequential Courts

Author: Diana Kapiszewski

Publisher: Cambridge University Press

Published: 2013-04-08

Total Pages: 453

ISBN-13: 1107026539

DOWNLOAD EBOOK

Maps the roles in governance that courts are undertaking and how they matter in the political life of these nations.

Royal Courts in Dynastic States and Empires
Royal Courts in Dynastic States and Empires

Author: Jeroen Duindam

Publisher: BRILL

Published: 2011-08-11

Total Pages: 461

ISBN-13: 9004206221

DOWNLOAD EBOOK

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.

Judicial Reputation
Judicial Reputation

Author: Nuno Garoupa

Publisher: University of Chicago Press

Published: 2015-11-20

Total Pages: 286

ISBN-13: 022629059X

DOWNLOAD EBOOK

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.

Comparative Reasoning in International Courts and Tribunals
Comparative Reasoning in International Courts and Tribunals

Author: Daniel Peat

Publisher: Cambridge University Press

Published: 2020-07-09

Total Pages: 292

ISBN-13: 9781108401470

DOWNLOAD EBOOK

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.

The Performance of International Courts and Tribunals
The Performance of International Courts and Tribunals

Author: Theresa Squatrito

Publisher: Cambridge University Press

Published: 2018-04-05

Total Pages: 471

ISBN-13: 1108425690

DOWNLOAD EBOOK

Explores the contributions of international courts and tribunals in terms of performance by offering a comparative analysis of international courts.

Judicial Politics in Mexico
Judicial Politics in Mexico

Author: Andrea Castagnola

Publisher: Routledge

Published: 2016-11-03

Total Pages: 191

ISBN-13: 1315520605

DOWNLOAD EBOOK

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.

Structural Reforms in Southeastern Europe Since the Kosovo Conflict
Structural Reforms in Southeastern Europe Since the Kosovo Conflict

Author: Daniela Gressani

Publisher: World Bank Publications

Published: 2002-01-01

Total Pages: 46

ISBN-13: 9780821351970

DOWNLOAD EBOOK

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.