Best Practices of Judiciary in Democracy

~A research project by Governance Innovation Labs

1. Judiciary Reforms

• In several nations judges are frequently employed by the government and begin their examination-based training as soon as they graduate from college or law school. Applicants must either successfully finish a training program and pass a test or score well on an admission exam. Training programs can range in length from three to six months and frequently include internships. Several nations, including Japan, Austria, Bangladesh, Egypt, Finland, France, Germany, Greece, Indonesia, Italy, Nepal, Netherlands, Singapore, Spain, Portugal, and Sweden, use entrance tests to choose judges, often in conjunction with their supreme courts.
• The UK government has made investments in Nightingale Courts, which are makeshift courts created to boost capacity and cut down on delays.
• In order to lessen the need for formal court proceedings, nations like Australia and Canada have been promoting alternative dispute resolution (ADR) techniques.
• The state of Utah implemented a sophisticated case management system that increased productivity and reduced procedures. This includes establishing precise deadlines for case processing, implementing technology to manage cases more effectively, and allocating more court resources as necessary.
• Backlog reduction in Singapore has been greatly aided by the judiciary’s use of technology for e-litigation and e-discovery. Additionally, by actively promoting alternative conflict resolution techniques, the courts have considerably reduced the number of cases that proceed to trial.
• The Netherlands is known for having an effective legal system, in part because of its creative use of technology in court processes and emphasis on alternative conflict settlement. In addition to reducing backlogs, these actions have improved accessibility to the judicial system.
• Every year, the UK Judicial Appointments Commission releases reports on the behavior and performance of its judges. By fostering accountability and openness, these reports increase public confidence in the legal system.

2. Democracy based courts with specialized judges

• Several nations, such as Uganda, Croatia, and the Philippines, have set up specialist anti-corruption courts to effectively and impartially handle complicated corruption matters. These courts frequently employ judges and staff with extensive experience in handling delicate issues, drawing substantial attention from the public and media.
• Reviewing economic regulation rulings from sectoral regulators and national competition agencies is the area of expertise of the Competition Appeal Tribunal in the United Kingdom. It manages intricate business disputes and guarantees that judges with specialized knowledge of competition law render rulings.

3. Fast Track courts

• Starting in 2017, the Netherlands has undertaken a thorough digitalization of court cases. Under this effort, individuals and businesses may electronically file papers and monitor the status of their cases using an online platform called “My Case.” The process has been streamlined to consist of a court hearing, one written round, and a decision. The goals of this digitalization are to increase efficiency and transparency, expedite the processing of cases, and promote access to justice.
• The sophisticated e-justice system in Estonia, which allows for online case filing and e-court services, is well known. The technology facilitates virtual court proceedings, electronic document service, and online claim submission. The e-justice platform in Estonia is a component of the nation’s larger e-governance initiative, which has drastically cut the expense and duration of legal proceedings.
• The eLodgment system, which the Federal Court of Australia adopted, enables the electronic submission of documents in court cases. The smooth processing and tracking of cases is made possible by the system’s integration with the court’s case management system. Legal professionals and the general public can benefit from increased accessibility and efficiency thanks to the eCourtroom feature, which facilitates online hearings and case management.

4. Using Artificial Intelligence for promoting democracy

• AI technologies such as DoNotPay (legal reasoning), BlueJLegal (case prediction), and Ross (legal research) are a few examples where AI can guarantee adherence to precedents, lessen human prejudice, and save total legal procedures expenses.
• The goal of programs like “AI for All” is to incorporate AI into a variety of fields, including the legal field.
• AI is now being used in India for legal research and other purposes by programs like Indian Kanoon and SUPACE.

5. Feedback system

• Judicial Performance Evaluation (JPE) systems in the US offer methodical evaluations of judges’ performances. Survey responses from lawyers, litigants, court employees, and even jurors are included in these evaluations.
• The Judges Act has been amended by the Government of Canada with the goal of boosting public trust in the legal system by guaranteeing more responsibility, and openness, in the procedure for addressing misbehavior accusations against federally appointed judges.

REFERENCES

https://e-justice.europa.eu/280/EN/online_processing_of_cases_and_ecommunication_with_courts?NETHERLANDS

https://www.justice.gc.ca/eng/csj-sjc/pl/jc-cj/index.html

https://www.cilc.nl/the-netherlands-court-cases-digitised-as-of-2017/

https://www.fedcourt.gov.au/online-services/elodgment

https://e-estonia.com/solutions/e-governance/justice-public-safety/

https://blog.ipleaders.in/judicial-appointments-in-india-and-other-countries/#Judicial_appointment_in_other_nations_of_the_world

https://attorneys.media/backlog/

https://judicature.duke.edu/articles/judge-of-all-trades-further-thoughts-on-specialized-courts/

https://judiciariesworldwide.fjc.gov/

https://iaals.du.edu/sites/default/files/documents/publications/jpe_20_whitepaper.pdf

https://assets.publishing.service.gov.uk/media/5a7dc91540f0b65d8b4e37d3/jac-triennial-review.pdf