Judicial Performance and Its Determinants PDF Download

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Languages : en
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Author: John Patrick Hagan
Publisher:
ISBN:
Category : Judges
Languages : en
Pages : 196

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Author: Stefan Voigt
Publisher:
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Category :
Languages : en
Pages : 42

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There have been a sizeable number of studies trying to identify the determinants of judicial performance on the country level. Such a design is appropriate to identify underperforming individual judges or underperforming courts or court districts. However, it is not appropriate to identify institutions conducive to judicial performance. A dataset produced by the European Commission for the Efficiency of Justice (CEPEJ) contains very detailed information on the judicial systems of the 47 member countries of the Council of Europe. Drawing on an objective variable, we find that (i) resolution rates are not a function of per capita income. In other words: poor countries can also afford them. (ii) Resolution rates are not a function of the court budget. As such, a higher budget will not “buy” more court decisions. (iii) Resolution rates are negatively - and very robustly - correlated with the presence of judicial councils. (iv) Mandatory training for judges is correlated with higher resolution rates. Drawing on the subjectively perceived efficiency of the judiciary as the dependent variable we find that (v) countries belonging to both the French and the socialist legal tradition are less efficient and that (vi) judicial councils are also negatively correlated with our measure of judicial efficiency, in other words: countries that do not have them should not introduce them.

Author: Thomas G. Walker
Publisher:
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Category : Judges
Languages : en
Pages : 36

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Author: MARIA ROSARIA PAPPALARDO
Publisher:
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Languages : en
Pages : 0

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The judicial system plays a crucial role in the modern economy as it stimulates investments, enhances company productivity, and facilitates exchanges. An advanced and functional judicial system should be efficient, resolving disputes in a reasonable time; effective, providing quality and accurate judgments; and independent, collectively defining court performance. The recent literature has shown a growing interest in measuring court performance and empirically testing its influencing factors. However, this literature appears to be fragmented and conflicting due to the interchangeable use of terms like "court efficiency" and "court effectiveness" when proxying court performance, as well as inconsistent empirical results obtained in different contexts. To address this issue, this paper provides an updated literature review on the main determinants of court performance between 2000 and 2022. By using the Economics and Management categories on the Web of Science database, 493 studies were drawn, reviewed, and synthesized. Through an in-depth analysis, three types of determinants have been identified: determinants within the court, determinants outside the court, and country-level determinants. Finally, five stylized facts have been summarized to highlight the main conclusions of this paper.

Author: Valentina Dimitrova-Grajzl
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Languages : en
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Empirical studies of judicial behavior using judge-level data are scarce and almost exclusively focused on higher court judges in the U.S. The majority of disputes in any legal system, however, are adjudicated by lower court judges and conclusions about judicial behavior from one legal system cannot be generalized to other legal systems. This paper draws on unique judge-level data to study judicial performance at lower courts in Slovenia, a post-socialist member state of the European Union struggling with implementation of an effective judicial system. We first examine the determinants of judicial productivity and elucidate the role of a judge's demographic characteristics, education, experience, salary, promotion concerns, and case specialization. We then explore the possible trade off between the quantity and quality of judicial case resolution, shedding light on the benefits and costs of those legal reform measures that aim to increase judicial productivity in Slovenian lower courts.

Author: Richard A. Posner
Publisher: Harvard University Press
ISBN: 0674033833
Category : Law
Languages : en
Pages : 399

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A distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion. Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based. It focuses on the consequences of a decision in both the short and the long term, rather than on its antecedent logic. Legal pragmatism so understood is really just a form of ordinary practical reasoning, rather than some special kind of legal reasoning. Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court.

Author: Frans van Dijk
Publisher: Springer Nature
ISBN: 3030631435
Category : Political Science
Languages : en
Pages : 113

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This open access book is about the perception of the independence of the judiciary in Europe. Do citizens and judges see its independence in the same way? Do judges feel that their independence is respected by the users of the courts, by the leadership of the courts and by politicians? Does the population trust the judiciary more than other public institutions, or less? How does independence of the judiciary work at the national level and at the level of the European Union? These interrelated questions are particularly relevant in times when the independence of the judiciary is under political pressure in several countries in the European Union, giving way to illiberal democracy. Revealing surveys among judges, lay judges and lawyers - in addition to regular surveys of the European Commission - provide a wealth of information to answer these questions. While the answers will not please everyone, they are of interest to a wide audience, in particular court leaders, judges, lawyers, politicians and civil servants.

Author: National Academies of Sciences, Engineering, and Medicine
Publisher: National Academies Press
ISBN: 0309452961
Category : Medical
Languages : en
Pages : 583

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In the United States, some populations suffer from far greater disparities in health than others. Those disparities are caused not only by fundamental differences in health status across segments of the population, but also because of inequities in factors that impact health status, so-called determinants of health. Only part of an individual's health status depends on his or her behavior and choice; community-wide problems like poverty, unemployment, poor education, inadequate housing, poor public transportation, interpersonal violence, and decaying neighborhoods also contribute to health inequities, as well as the historic and ongoing interplay of structures, policies, and norms that shape lives. When these factors are not optimal in a community, it does not mean they are intractable: such inequities can be mitigated by social policies that can shape health in powerful ways. Communities in Action: Pathways to Health Equity seeks to delineate the causes of and the solutions to health inequities in the United States. This report focuses on what communities can do to promote health equity, what actions are needed by the many and varied stakeholders that are part of communities or support them, as well as the root causes and structural barriers that need to be overcome.

Author: Theresa Squatrito
Publisher: Cambridge University Press
ISBN: 1108425690
Category : Law
Languages : en
Pages : 471

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