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Supreme Courts Under Pressure - Controlling Caseload in the Administration of Civil Justice (Hardcover, 1st ed. 2021)
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Supreme Courts Under Pressure - Controlling Caseload in the Administration of Civil Justice (Hardcover, 1st ed. 2021)
Series: Ius Gentium: Comparative Perspectives on Law and Justice, 83
Expected to ship within 10 - 15 working days
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This book discusses civil litigation at the supreme courts of nine
jurisdictions - Argentina, Austria, Croatia, England and Wales,
France, Germany, Italy, Spain and the United States - and focuses
on the available instruments used to keep the caseload of these
courts within acceptable limits. Such instruments are necessary in
order to allow supreme courts to fulfil their main duties, that is,
the administration of justice in individual cases (private
function) and providing for the uniformity and development of the
law within their respective jurisdictions (public function). If the
number of cases at the supreme court level is too high, the result
is undue delays, which are mainly problematic with regard to the
private function. It may also put the quality of the court's
judgments under pressure, which can affect its public and private
function alike. Thus, measures aimed at avoiding excessive
caseloads need to take both functions into account. Increasing the
capacity of the court to handle larger numbers of cases may result
in the court being unable to adequately fulfil its public function,
since large numbers of court decisions make it difficult to
guarantee the uniformity of the law and its development. Therefore,
a balanced approach is needed to safeguard capacity and quality. As
shown by the contributions gathered here, the nature of reform in
this area is not the same everywhere. There are a variety of
reasons for this heterogeneity, ranging from different
understandings of the caseload problem itself, local conceptions
regarding the purpose of the Supreme Court, and strong entitlements
concerning the right to appeal to budgetary restrictions and
extremely rigid legislation. The book also shows that the
implementation of similar solutions to case overload, such as
access filters, may have different effects in different
jurisdictions. The conclusion might well be that the problem of
overburdened courts is multifactorial and context-dependent, and
that easy, one-size-fits-all solutions are hard to find and perhaps
even harder to implement.
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