The quality of justice: from conflicts to politics (Contributo in volume (capitolo o saggio))

Type
Label
  • The quality of justice: from conflicts to politics (Contributo in volume (capitolo o saggio)) (literal)
Anno
  • 2010-01-01T00:00:00+01:00 (literal)
Alternative label
  • Contini F.; Carnevali D. (2010)
    The quality of justice: from conflicts to politics
    Institutul European, Ia?i (Romania) in Handbook on Judicial Politics, 2010
    (literal)
Http://www.cnr.it/ontology/cnr/pubblicazioni.owl#autori
  • Contini F.; Carnevali D. (literal)
Pagina inizio
  • 157 (literal)
Pagina fine
  • 194 (literal)
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  • Iasi, Romania (literal)
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  • Handbook on Judicial Politics (literal)
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  • 1 (literal)
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  • pp. 157-194 (literal)
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  • 37 (literal)
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  • Istituto di ricerca sui sistemi giudiziari, CNR (literal)
Titolo
  • The quality of justice: from conflicts to politics (literal)
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  • R. Coman, C. Dallara (eds.), Handbook on Judicial Politics (literal)
Http://www.cnr.it/ontology/cnr/pubblicazioni.owl#isbn
  • 978-973-611-713-8 (literal)
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  • Coman R.; Dallara C. (literal)
Abstract
  • Quality of justice is becoming a relevant issue, faced in judicial reform programs across the entire Europe. On several occasions, attempts to improve the quality of justice (QJ) have led to conflicts - sometimes hard fought - between actors (ministry of justice vs. courts or judges) and values (efficiency or accountability vs. independence). Furthermore, in the last decades a growing number of judicial reforms directed at modifying structures, procedures, as well as case and court management have been implemented to improve the quality of justice. In this landscape, scholars have dealt with the issue analysing the policies implemented across Europe, and trying to identify lessons and guidelines to promote the quality of justice.The assessment of their results has been a need for institutions, organisations and the donors that at national or international level were promoting such reforms. After having explored the reasons of the growing interest in this topic, and mapped the multiple perspectives on multiple values from which QJ can be observed, evaluated, and promoted, the chapter focuses on three main approaches to assess and improve the QJ: performance assessment, quality management, and organisational learning. These approaches are a combination of methods and techniques, tools and procedures widely adopted in many branches of the public sector, generally under the flagship of the New Public Management (NPM), but they are still innovative and challenging in our field. Finally, it must be noticed that the chapter will focus the analysis on the outcomes (and eventually outputs) of the justice systems and not on the quality of internal components since this would require a comparative assessment of structures and procedure that cannot be undertaken in this work. At the end of this journey we ought to have a chance to identify a path to overcome the tensions often emerging in the debate and in policy making, and in particular the quarrel between judicial independence and accountability. This should offer to the readers some reasons to understand why it is so difficult to improve the quality of justice and even sketch a constructive proposal to solve some of the issues at stake. (literal)
  • The book is an attempt to clarify some issues related to judicial reforms. It is designed as a basic introduction to this complex field of inquiry, addressed to political and social scientists, sociologists, legal scholars, students, journalists, policy makers and ordinary citizens interested not only to understand more about judicial reforms but also to place domestic issues in a comparative perspective. Our aim is not only to clarify the main terms used in the debates related to these reforms by judicial, political actors and journalists, but also to replace them in a comparative perspective. We conceived this volume as a handbook addressed to any citizen interested in understanding contemporary political debates, to politicians and judicial actors confronted with the elaboration and the implementation of reforms guided by new European standards, to political scientists, sociologists, lawyers and any other researchers for whom the relationship between media, politics and justice represents a field of inquiry. The contributions are provided by the best specialists of this topic. They all have a research tradition and a comparative knowledge of the judicial reforms in Europe. Conceived in this way, the book speaks to debates in political science, sociology of law, public law and comparative politics regarding the transformation of the judicial institutions in the European states, the definition, implementation and the limits of the judicial independence, the judicial behavior and discipline, the administration of justice and the way judicial role should be conceived within our democracies. (literal)
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