Justice Reform
   HOME

TheInfoList



OR:

Judicial reform is the complete or partial political
reform Reform refers to the improvement or amendment of what is wrong, corrupt, unsatisfactory, etc. The modern usage of the word emerged in the late 18th century and is believed to have originated from Christopher Wyvill's Association movement, which ...
of a country's
judiciary The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
. Judicial reform can be connected to a
law reform Law reform or legal reform is the process of examining existing laws, and advocating and implementing change in a legal system, usually with the aim of enhancing justice or efficiency. Intimately related are law reform bodies or Law Commission, ...
,
constitutional amendment A constitutional amendment (or constitutional alteration) is a modification of the constitution of a polity, organization or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly alt ...
,
prison reform Prison reform is the attempt to improve conditions inside prisons, improve the effectiveness of a penal system, reduce recidivism or implement alternatives to incarceration. It also focuses on ensuring the reinstatement of those whose lives are ...
, police reform or part of wider reform of the country's political system. Stated reasons for judicial reform include increasing of the
independence of the judiciary Judicial independence is the concept that the judiciary should be independent from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government or from private or partisan inte ...
,
constitutionalism Constitutionalism is "a compound of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law". Political organizations are constitutional to ...
and
separation of powers The separation of powers principle functionally differentiates several types of state (polity), state power (usually Legislature#Legislation, law-making, adjudication, and Executive (government)#Function, execution) and requires these operat ...
, increased speed of justice, increased fairness of justice, improved
impartiality Impartiality (also called evenhandedness or fair-mindedness) is a principle of justice In its broadest sense, justice is the idea that individuals should be treated fairly. According to the ''Stanford Encyclopedia of Philosophy'', the mo ...
, and improving electoral accountability,
political legitimacy In political science, legitimacy is a concept which turns brute force into power. The right and acceptance of an authority, usually a governing law or a regime, at least formally, are impossible to be built on one's brute force, or to coerce peop ...
and
parliamentary sovereignty Parliamentary sovereignty, also called parliamentary supremacy or legislative supremacy, is a concept in the constitutional law of some parliamentary democracies. It holds that the legislative body has absolute sovereignty and is supreme over al ...
. Areas of the judicial reform often include: codification of law instead of
common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
, changing between an
inquisitorial system An inquisitorial system is a legal system in which the court, or a part of the court, is actively involved in investigating the facts of the case. This is distinct from an adversarial system, in which the role of the court is primarily that of an ...
and an
adversarial system The adversarial system (also adversary system, accusatorial system, or accusatory system) is a legal system used in the common law countries where two advocates represent their parties' case or position before an impartial person or group of peopl ...
, changes to
court administration Court administration, administration of courts or judicial administration is a field of public administration on back office affairs of court operation, including annual budgeting and human resource management. Models of court administration W ...
such as judicial councils or changes to appointment procedure, establishing mandatory retirement age for judges or increasing the independence of
prosecutor A prosecutor is a legal representative of the prosecution in states with either the adversarial system, which is adopted in common law, or inquisitorial system, which is adopted in Civil law (legal system), civil law. The prosecution is the ...
s from the
executive Executive ( exe., exec., execu.) may refer to: Role or title * Executive, a senior management role in an organization ** Chief executive officer (CEO), one of the highest-ranking corporate officers (executives) or administrators ** Executive dir ...
.


Examples


Judiciary Act of 1789


Judicial Procedures Reform Bill of 1937


Judicial reform of Alexander II


Judicial Reform Committee of South Sudan


2023 Israeli judicial reform


2024 Mexican judicial reform


Protests against Polish judiciary reforms


Romanian judicial reform


Scottish judicial reform

The period from 2012 to 2015 is the period of the Lord Presidency of
Lord Gill Brian Gill, Lord Gill, Order of St. Gregory the Great, KSG Fellowship of the Royal Society of Edinburgh, FRSE Royal Conservatoire of Scotland, FRSAMD Royal School of Church Music, FRSCM (born 25 February 1942) is a retired Scotland, Scottish ju ...
whose agenda was to overhaul and modernise a failing judicial system. His initial Report dated from 2009, and followed a lengthy public consultation. His opinion was that the system as it stood was "outdated, expensive, unpredictable and inefficient."''Senior judge hits out at 'Victorian' Scots courts'' The Scotsman, by the Newsroom, 8 May 2009 The principal statutory changes were contained in the
Courts Reform (Scotland) Act 2014 The Courts Reform (Scotland) Act 2014 (asp 18) is an Act of the Scottish Parliament passed in October 2014 to improve access to the civil justice system and while making the Court of Session The Court of Session is the highest national co ...
.


Judicial reform in Ukraine


Other reforms

*
1960 Puerto Rican judicial reform referendum A referendum on judicial reform was held in Puerto Rico on 8 November 1960.Dieter Nohlen (2005) ''Elections in the Americas: A data handbook, Volume I'', p552 The changes were approved by 78% of voters.Nohlen, p556 Results References {{Puer ...
*
Administration of Justice Act Administration of Justice Act (with its variations) is a stock short title used for legislation in the United Kingdom relating to the administration of justice. The Bill for an Act with this short title may have been known as a Administration of J ...
*
Constitutional Reform Act 2005 The Constitutional Reform Act 2005 (c. 4) is an Act of the Parliament of the United Kingdom, relevant to UK constitutional law. It provides for a Supreme Court of the United Kingdom to take over the previous appellate jurisdiction of the Law ...
*
Supreme Court reform in the United States Supreme Court of the United States Reform in the United States As the only unelected branch of the Federal government of the United States, American system of constitutional government, the Supreme Court of the United States is the subject of hea ...


See also

*
Constitutionalism Constitutionalism is "a compound of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law". Political organizations are constitutional to ...
*
Constitutional economics Constitutional economics is a research program in economics and constitutionalism that has been described as explaining the choice "of alternative sets of legal-institutional-constitutional rules that constrain the choices and activities of econom ...
*
Criminal justice reform Criminal justice reform is the reform of criminal justice systems. Stated reasons for criminal justice reform include reducing crime statistics, racial profiling, police brutality, overcriminalization, mass incarceration, under-reporting, and ...
* :United States federal judiciary legislation *
Electoral reform Electoral reform is a change in electoral systems that alters how public desires, usually expressed by cast votes, produce election results. Description Reforms can include changes to: * Voting systems, such as adoption of proportional represen ...
*
Government failure In public choice, a government failure is a counterpart to a market failure in which government regulatory action creates economic inefficiency. A government failure occurs if the costs of an intervention outweigh its benefits. Government failu ...
*
Judicial activism Judicial activism is a judicial philosophy holding that courts can and should go beyond the applicable law to consider broader societal implications of their decisions. It is sometimes used as an antonym of judicial restraint. The term usually ...
*
Judicial independence Judicial independence is the concept that the judiciary should be independent from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government or from private or partisan inte ...
*
Judicial interpretation Judicial interpretation is the way in which the judiciary construes the law, particularly constitutional documents, legislation and frequently used vocabulary. This is an important issue in some common law jurisdictions such as the United St ...
*
Judicial review Judicial review is a process under which a government's executive, legislative, or administrative actions are subject to review by the judiciary. In a judicial review, a court may invalidate laws, acts, or governmental actions that are in ...
*
Political corruption Political corruption is the use of powers by government officials or their network contacts for illegitimate private gain. Forms of corruption vary but can include bribery, lobbying, extortion, cronyism, nepotism, parochialism, patronage, influen ...
*
Parliamentary sovereignty Parliamentary sovereignty, also called parliamentary supremacy or legislative supremacy, is a concept in the constitutional law of some parliamentary democracies. It holds that the legislative body has absolute sovereignty and is supreme over al ...
*
Regulatory capture In politics, regulatory capture (also called agency capture) is a form of corruption of authority that occurs when a political entity, policymaker, or regulator is co-opted to serve the commercial, ideological, or political interests of a minor ...
*
Rule of law The essence of the rule of law is that all people and institutions within a Body politic, political body are subject to the same laws. This concept is sometimes stated simply as "no one is above the law" or "all are equal before the law". Acco ...
*
Rule according to higher law The rule according to a higher law is a philosophical concept that no law may be enforced by the government unless it conforms with certain universal principles (written or unwritten) of fairness, morality, and justice. Thus, ''the rule accordin ...
*
Security sector governance and reform The concepts of security sector governance and reform (SSG/R, or SSG and SSR) generally refer to a process in Western-based international development and democratization to amend the security sector of a state towards good governance and its princi ...


Notes


External links


Judicial reform in Europe
*
Dr. Richard Cordero's website on Judicial Reforms Research & Actionable Strategy in USAThe Association for Judicial Reforms (India) working for Judicial Transparency and Efficiency in Administration of Justice in India
{{Jurisprudence * Reform