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This book brings together in one volume critical reflections on the experience of judicial reform in countries around the region, including India, Sri Lanka, and Nepal. It focuses on practical reform experience, rather than theory and aims to identify strengths and weaknesses of various reform programmes and help in the development of good practices based on the lessons learnt. The topics covered include implementation of judicial reform initiatives, promoting access to justice, ethics and accountability, judicial education and skills development, and case management. The contributors to the volume are senior judges, court administrators, lawyers, scholars and representatives of civil society from across the region who have first hand experience of various reform programmes. One of the major and most unambiguous contentions of the volume is that the judiciary itself must play a pro-active role if judicial reform is to be achieved and the goal of economic growth is to be integrated with justice for all.
This is an edited volume published by the International Development Law Organization that relates to the topic of legal reform in developing countries. The book seeks to identify legal reform success stories and try to understand what accounts for the favorable outcomes. Nine leading practitioners in the field are represented in the volume and they reflect the diversity of approaches, methodologies, and factors contributing to legal change.
About this Second Edition:Brill is delighted to republish Educating Judges, the seminal monograph in the field of judicial education. First published in 1996, this book enables judicial educators to develop a more effective pedagogy by focuses on the distinctive learning needs, styles and preferences of judges, and deepening understanding of judges as learners. Much has happened since then. Over the past twenty 20 years, judicial education has grown very substantially around the world in both size and sophistication. It is now well established in many countries and is seen as an essential component of modern concepts of justice.
Livingston Armytage explores how justice reform can be made more effective.
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. --
How do legal professionalism and politics influence efforts to structure the process of selecting and retaining state judges?
The World Bank, Department for International Development (DFID) and other donors have long been engaged in legal and judicial reform in sub-Saharan Africa in such areas as legal drafting, strengthening court administration, judicial training, and the empowerment of citizens through a better understanding of the legal system. This has often been done on an ad hoc basis with only limited review of other reform efforts in the region. In order to foster a more responsive approach to justice sector development programs, a collection of case studies was commissioned. One of the more daunting tasks was identifying notable justice sector developments or reforms, which offered specific impacts and which could be examined through both a desk review and field research. Independent of the funding source, the evidence base was not only limited but revealed a need for donors themselves to invest in better data collection, which could then be analyzed and measured against benchmarks or objectives such as improved access to justice. There is a significant need to review and learn from experiences, including controversial ones, in Africa's justice sectors. These case studies are not homogenous largely because their subjects vary and span a wide array of developments that reflect the realities of the region. Each story stands alone and is in no particular order. In the final chapter, the conclusions offered in each story are digested into ideas for future actions. The collection also represents a modest range of stories and it is to be hoped that other cases will be identified and shared. A comparison of experiences of sector-wide programs (SWAPs), for example, could help both donors and governments enhance socio-economic impact. It should be noted that the emphasis in this report is on providing information about positive directions in justice sector development and the ways in which lessons learned might be applied to achieve greater impact in the future. The anticipated value of this collection is that some of the conclusions or actions may be taken up and used to contribute to improvements by those committed to improving the rule of law in sub-Saharan Africa and is in search of 'success'.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
What the experts said about ‘Educating Judges’: • ‘A comprehensive review of judicial education ... an extremely valuable work.’ - Sir Anthony Mason, Chief Justice of Australia • ‘Truly a seminal work which sets the best practice for the field.‘ - Dr Charles Ericksen, Vice-President, NCSC, USA • ‘A most masterly survey of the field.’ - Professor Martin Partington, Judicial Studies Board, England • ‘Thorough, well argued and comprehensive; offers substantial insight at many points.’ - Professor John K. Hudzik, Director, JERITT, USA • ‘A substantial piece of work ... and a significant contribution.’ - Professor Peter Sallmann, Executive Director, AIJA, Australia • ‘Sophisticated and mature treatment of a vital area of public education.’ - Emeritus Professor J. E. Thomas, University of Nottingham, England • ‘Invaluable ... contains a wealth of material and references’ - Judge John Goldring, Dean of Law, University of Wollongong, Australia About this Second Edition: 2015 Brill|Nijhoff is delighted to republish Educating Judges, the seminal monograph in the field of judicial education. First published in 1996, this book enables judicial educators to develop a more effective pedagogy by focusing on the distinctive learning needs, styles and preferences of judges, and deepening understanding of judges as learners. Much has happened since then. Over the past twenty years, judicial education has grown very substantially around the world in both size and sophistication. It is now well established in many countries and is seen as an essential component of modern concepts of justice. In addition to providing new entrants an opportunity to read this classic text, this second edition enables readers to gauge what has happened – or not – in the world of judicial education over the past two decades. This new edition reports on the findings of the first ever survey conducted of leading judicial educators around the world. In doing so, it examines the state of judicial education across a range of issues, including: • significant recent developments, • major institutional issues and challenges, • trends in professionalizing the practice, • evolving goals, curricula, methodologies and approaches, • building knowledge through research, evaluation and networks, • impact and applications of information technology; • use of judicial training in official development assistance; and • how globalisation is affecting the education of judges.