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Judicial reform

From Wikipedia, the free encyclopedia

Judicial reform is the complete or partial politicalreform of a country'sjudiciary. Judicial reform can be connected to alaw reform,constitutional amendment,prison reform, police reform or part of wider reform of the country's political system.[1]

Stated reasons for judicial reform include increasing of theindependence of the judiciary,constitutionalism andseparation of powers, increasedspeed of justice, increasedfairness of justice,[2] improvedimpartiality,[3] and improvingelectoral accountability,political legitimacy andparliamentary sovereignty.[4][5]

Areas of the judicial reform often include: codification of law instead ofcommon law, changing between aninquisitorial system and anadversarial system, changes tocourt administration such asjudicial councils or changes to appointment procedure, establishing mandatory retirement age for judges or increasing the independence ofprosecutors from theexecutive.

Examples

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Judiciary Act of 1789

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These paragraphs are an excerpt fromJudiciary Act of 1789.[edit]
The existence of a separate federal judiciary was controversial during the debates overthe ratification of the Constitution.Anti-Federalists had denounced the judicial power as a potential instrument of nationaltyranny. Indeed, of the ten amendments that eventually became theBill of Rights, five (thefourth through theeighth) dealt primarily with judicial proceedings. Even after ratification, some opponents of a strong judiciary urged that the federal court system be limited to only a Supreme Court and, perhaps, local admiralty judges. Congress, however, decided to establish a system offederal trial courts with broader jurisdiction, thereby creating an arm for enforcement of national laws within each state.[6]

Judicial Procedures Reform Bill of 1937

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These paragraphs are an excerpt fromJudicial Procedures Reform Bill of 1937.[edit]
In theJudiciary Act of 1869,Congress had established that the Supreme Court would consist of thechief justice and eightassociate justices. During Roosevelt's first term, the Supreme Court struck down several New Deal measures as being unconstitutional. Roosevelt sought to reverse this by changing the makeup of the court through the appointment of new additional justices who he hoped would rule that his legislative initiatives did not exceed the constitutional authority of the government. Since theU.S. Constitution does not define the Supreme Court's size, Roosevelt believed it was within the power of Congress to change it. Members of both parties viewed the legislation as an attempt to stack the court, and manyDemocrats, includingVice PresidentJohn Nance Garner, opposed it.[7][8] The bill came to be known as Roosevelt's "court-packing plan", a phrase coined byEdward Rumely.[9]

Judicial reform of Alexander II

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These paragraphs are an excerpt fromJudicial reform of Alexander II.[edit]
The judicial reform ofAlexander II is generally considered one of the most successful and consistent of all his reforms (along with themilitary reform). A completely new court system and order of legal proceedings were established. The main results were the introduction of a unifiedjudicial system instead of a cumbersome set ofestates of the realm courts, and fundamental changes incriminal trials. The latter included the establishment of the principle ofequality of the parties involved, the introduction of publichearings, thejury trial, and a professional advocate that had never existed in Russia. However, there were also problems, as certain obsolete institutions were not covered by the reform. Also, the reform was hindered byextrajudicial punishment, introduced on a widespread scale during the reigns of his successors –Alexander III andNicholas II.[10][11][12]

Judicial Reform Committee of South Sudan

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These paragraphs are an excerpt fromJudicial Reform Committee of South Sudan.[edit]
TheJudicial Reform Committee of South Sudan (JRC) was launched by the Government ofSouth Sudan on 28 July 2022 to review laws, and to advise on judicial reforms and restructuring of the judiciary.[13]

2023 Israeli judicial reform

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These paragraphs are an excerpt from2023 Israeli judicial reform.[edit]
The2023 Israeli judicial reform is a set of five changes to thejudicial system and thebalance of powers in Israel that were proposed in January 2023. The intent of the measures is to curb the judiciary's influence over lawmaking and public policy by limiting theSupreme Court's power to exercisejudicial review, granting the government control over judicial appointments and limiting the authority of its legal advisors.[14] The effort was led byYariv Levin (Deputy Prime Minister andMinister of Justice) andSimcha Rothman (Chair of theKnesset's Constitution, Law and Justice Committee).

2024 Mexican judicial reform

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These paragraphs are an excerpt from2024 Mexican judicial reform.[edit]

The2024 Mexican judicial reform is a series ofconstitutional amendments that restructured thejudiciary of Mexico.[15] The reform replaced Mexico's appointment-based system for selecting judges with one where judges, pre-selected by Congress, are elected by popular vote, with each judge serving a renewable nine-year term. It reduces the number ofSupreme Court justices from 11 to 9 and limits their terms to 12 years. The reform also allows the use of"faceless" judges and establishes a new tribunal for judicial oversight and accountability, while significantly reducing benefits and salaries previously received by members of the judiciary.[16][17] With its passing, Mexico became the first country to have elections for all judges.[18][19]

The reform was put forward by the governing coalition, led by theNational Regeneration Movement (Morena), with the goal of eliminating corruption in the judiciary.[20] It faced significant resistance from opposition political parties, judicial workers, and international organizations, who argued that it threatenedjudicial independence.[21][22] Itsparked nationwide protests and strikes, even leading to thestorming of the Senate on the day of the bill's vote.[23][24]

Protests against Polish judiciary reforms

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These paragraphs are an excerpt fromProtests against Polish judiciary reforms.[edit]
Since 2017, aseries of protests against judiciary reforms have occurred in Poland. SinceLaw and Justice took power in Poland in 2015, its influence rapidly extended to the judicial branch, through contended nominations that produced the2015 Polish Constitutional Court crisis. TheLaw and Justice party argues that the reforms are needed to improve the efficiency of the judiciary, but the opposition, supported by a significant number of members of the judiciary, has been very critical of the reforms. The reforms have also been criticized by a number of international bodies.[25][26] TheEuropean Commission invokes the Article 7 of theEuropean Treaty againstE.U. memberPoland, denouncing recent judiciary reforms putting it under the political control of the ruling majority and citing"serious risk [to] theindependence of the judiciary and theseparation of powers".[27][28][29]

Romanian judicial reform

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These paragraphs are an excerpt fromRomanian judicial reform.[edit]
Recent decades have seen a surge in the birth of "supraterritorial institutions and associations",[30] that have been gathered by their enactment ofcommon law and practices.European Union's regional expansion into Southeastern Europe to includeRomania is one such example. The community of European states has enacted treaties that have allowed them to unite politically and economically.

Scottish judicial reform

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The period from 2012 to 2015 is the period of theLord Presidency ofLord Gill whose agenda was to overhaul and modernise a failing judicial system.[31] 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."[32] The principal statutory changes were contained in theCourts Reform (Scotland) Act 2014.

Judicial reform in Ukraine

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These paragraphs are an excerpt fromJudicial reform in Ukraine.[edit]
The reform was launched in 2014 after theRevolution of Dignity and the2014 Ukrainian presidential election. The purpose of the reform is to bring the judiciary of Ukraine to European standards and to ensure the protection of the rights, freedoms and legitimate interests of citizens through timely, effective and fair resolution of legal disputes on the basis of the rule of law.[33]

Other reforms

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See also

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Notes

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  1. ^Peter Barenboim, Natalya Merkulova. "The 25th Anniversary of Constitutional Economics: The Russian Model and Legal Reform in Russia, in The World Rule of Law Movement and Russian Legal Reform", edited by Francis Neate and Holly Nielsen, Justitsinform, Moscow (2007).
  2. ^Melcarne, Alessandro; Ramello, Giovanni B.; Spruk, Rok (2021)."Is justice delayed justice denied? An empirical approach".International Review of Law and Economics.65 105953.doi:10.1016/j.irle.2020.105953.
  3. ^European Parliament, Council and Commission,Charter of Fundamental Rights of the European Union, 26 October 2012
  4. ^Feldman, David (1990). "Democracy, the Rule of Law and Judicial Review".Federal Law Review.19 (1):1–30.doi:10.1177/0067205X9001900101.ISSN 0067-205X.
  5. ^"Statutory Interpretation and Legislative Supremacy".78 Geo. L. J. 281 (1989-1990).
  6. ^White, G. Edward (2012).Law in American History, Volume 1: From the Colonial Years Through the Civil War. Oxford and New York: Oxford University Press. p. 197.ISBN 978-0190634940. RetrievedJanuary 16, 2022.
  7. ^Sean J. Savage (1991).Roosevelt, the Party Leader, 1932–1945.University Press of Kentucky. p. 33.ISBN 978-0-8131-1755-3.
  8. ^"Ashurst, Defeated, Reviews Service".The New York Times. September 12, 1940. p. 18.
  9. ^Epstein, at 451.
  10. ^Wortman, Richard (2005). "Russian monarchy and the rule of law: New considerations of the court reform of 1864". Kritika: Explorations in Russian and Eurasian History.6 (1):145–170.doi:10.1515/9781618118547-004.ISBN 9781618118547.S2CID 243309132.
  11. ^Riasanovsky, Nicholas V. (1984).A History of Russia (4th ed.).Oxford University Press. p. 377.ISBN 978-0-19-503361-8 – viaInternet Archive.The reform of the judiciary which was largely the work of the Minister of Justice Dmitry Zamyatin, his extremely important assistant Serge Zarudny, and several other enlightened officials, proved to be the most successful of the 'great reforms'. Almost overnight it transformed the Russian judiciary from one of the worst to one of the best in the civilized world. / Later the government tried on occasion to influence judges for political reasons, and, what is more important, in its struggle against radicalism and revolution it began to withdraw whole categories of legal eases from the normal procedure of 1864 and to subject them to various forms of the courts martial. But, while the reform of the judiciary could be restricted in application, it could not be undone by the imperial government, and, as far as the reform extended, modem justice replaced arbitrariness and confusion. Russian legal reform followed Western, especially French, models, but, as Kucherov and others have demonstrated, these models were skillfully adapted to Russian needs It might be added that the courts, as well as thezemstvo institutions, acquired political significance, for they served as centers of public interest and enjoyed a somewhat greater freedom of expression than was generally allowed in Russia.
  12. ^Vernadsky, George (1969)."Chapter 10: The Russian Empire in the Second Half of the 19th Century".A History of Russia (6th rev. ed.). New Haven:Yale University Press. p. 221.ISBN 0-300-00247-5. Retrieved2023-03-13 – viaGoogle Books.Of no less significance was the judicial reform of 1864, of which Serge Zarudny was the chief promoter. Its basic points were the improvement of court procedure, introduction of the jury system and justices of the peace, and the organization of lawyers into a formal bar. The new courts proved equitable and efficient, and in this respect Russia could be compared favorably with the most progressive European countries. ... Most of the characteristics created by the reforms of Alexander II lasted until 1905, and some until 1917.
  13. ^Evelyn Edroma (30 August 2022),South Sudan's Judicial Reform Committee Heralds Hope for the Justice Sector, UNDP, retrieved2023-09-25
  14. ^Sharon, Jeremy (11 January 2023)."Levin unveils bills to remove nearly all High Court's tools for government oversight".The Times of Israel.Archived from the original on 11 January 2023. Retrieved12 February 2023.
  15. ^"Mexico's planned judicial reform is 'major risk' to democracy, says US ambassador".Reuters. 22 August 2024. Archived fromthe original on 6 September 2024. Retrieved6 September 2024.
  16. ^Staff, Forbes (2024-09-11)."Estas son cinco claves para entender la polémica reforma judicial de López Obrador y Sheinbaum".Forbes México (in Spanish). Retrieved2024-09-12.
  17. ^López, Alejandro I. (2024-09-04)."¿Qué dice la reforma judicial y cuál es el camino para su aprobación?".El País México (in Spanish). Retrieved2024-09-09.
  18. ^"Mexico becomes first country to approve popular election of judges".ABC News (Australia). 2024-09-11. Retrieved2024-09-17.
  19. ^"Mexico's Senate passes judicial reform after protesters break into chamber".Al Jazeera.Archived from the original on 16 September 2024. Retrieved2024-09-17.
  20. ^Jiménez, Néstor; Olivares, Emir (2024-09-10)."Niega AMLO que se pretenda "dinamitar"; "limpiar de corrupción beneficiará a empresas"".La Jornada (in Spanish).Archived from the original on 13 September 2024. Retrieved2024-09-13.
  21. ^"IACHR expresses concerns over judiciary reform in Mexico and warns of threats to judicial independence, access to justice, and rule of law".Inter-American Commission on Human Rights (IACHR).Archived from the original on 13 September 2024. Retrieved2024-09-13.
  22. ^"México adopta la elección popular de jueces pese a las advertencias sobre el daño a la justicia".France 24. 2024-09-10.Archived from the original on 13 September 2024. Retrieved2024-09-13.
  23. ^Romero, Simon; Rodríguez Mega, Emiliano (19 August 2024)."Mexico's Judges Vote to Strike, Opposing Overhaul of Legal System".The New York Times.Archived from the original on 27 August 2024. Retrieved27 August 2024.
  24. ^"Protesters storm Mexican senate, forcing pause on judicial reform debate".CTVNews. 2024-09-10.Archived from the original on 10 September 2024. Retrieved2024-09-10.
  25. ^"Judges From Across Europe March to Defend Polish Peers Against Controversial Legislation".Time. Archived fromthe original on January 11, 2020. Retrieved2020-01-22.
  26. ^"Poland: Thousands protest government proposal to punish judges | DW | 18.12.2019".DW.COM. Retrieved2020-01-22.
  27. ^"L'Europe déclenche une procédure sans précédent contre le gouvernement polonais".LeMonde.fr. 20 December 2017. Retrieved26 December 2017.
  28. ^"Poland Overhauls Judiciary, Escalating Clash With E.U."nytimes.com. 20 December 2017.
  29. ^"Poland cries foul as EU triggers 'nuclear option' over judicial independence".theguardian.com. 20 December 2017.
  30. ^Manfred Steger,Globalization: A very short introduction, p. 64
  31. ^See under "Reforms to the Scottish Courts system" inLord Gill
  32. ^Senior judge hits out at 'Victorian' Scots courts The Scotsman, by the Newsroom, 8 May 2009
  33. ^Цілі, критерії, план дій. Якою є стратегія судової реформи?Archived 2018-12-21 at theWayback Machine //sudovareforma.org

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