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Judicial Reform
Judicial reform is the complete or partial political reform of a country's judiciary. Judicial reform can be connected to a law reform, constitutional amendment, prison reform, police reform or part of wider reform of the country's political system. Stated reasons for judicial reform include increasing of the independence of the judiciary, constitutionalism and separation of powers, increased speed of justice, increased fairness of justice, improved impartiality, and improving electoral accountability, political legitimacy and parliamentary sovereignty. Areas of the judicial reform often include: codification of law instead of common law, changing between an inquisitorial system and an adversarial system, changes to court administration such as judicial councils or changes to appointment procedure, establishing mandatory retirement age for judges or increasing the independence of prosecutors from the executive. Examples Judiciary Act of 1789 Judicial Procedures Reform Bill ...
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Prison Reform
Prison reform is the attempt to improve conditions inside prisons, improve the effectiveness of a penal system, reduce recidivism or implement alternatives to incarceration. It also focuses on ensuring the reinstatement of those whose lives are impacted by crimes. In modern times, the idea of making living spaces safe and clean has extended from the civilian population to include prisons, based on ethical grounds. It is recognized that unsafe and unsanitary prisons violate constitutional prohibitions against cruel and unusual punishment. In recent times prison reform ideas include greater access to legal counsel and family, conjugal visits, proactive security against violence, and implementing house arrest with assistive technology. History Prisons have only been used as the primary punishment for criminal acts in the last few centuries. Far more common earlier were various types of corporal punishment, public humiliation, penal bondage, and banishment for more severe offen ...
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Reform
Reform refers to the improvement or amendment of what is wrong, corrupt, unsatisfactory, etc. The modern usage of the word emerged in the late 18th century and is believed to have originated from Christopher Wyvill's Association movement, which identified "Parliamentary Reform" as its primary aim. Reform is generally regarded as antithetical to revolution. Developing countries may implement a range of reforms to improve living standards, often with support from international financial institutions and aid agencies. This can involve reforms to macroeconomic policy, the civil service, and public financial management. In politics, there is debate over what constitutes reform vs. revolution, and whether all changes labeled "reform" actually represent progress. For example, in the United States, proponents of term limits or rotation in office consider it a revolutionary method (advocated as early as the Articles of Confederation) for rooting out government corruption by altering ...
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Court Administration
Court administration, administration of courts or judicial administration is a field of public administration on back office affairs of court operation, including annual budgeting and human resource management. Models of court administration While detailed hands-on practice of court administration differs in each of country by its own tradition and constitution, general models of court administration can be classified according to who leads core parts of it among branches of government, such as executive or judiciary. Executive model Executive model entails core parts of court administration, such as annual budgeting and appointment of judges, to responsible minister (mostly justice, treasury or interior minister) in cabinet inside executive branch of the government. Yet day-to-day parts of court administration, such as case assignment and appointment of court clerks, are usually delegated to chief judge of each court. Example of this model is Federal Courts of German ...
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Criminal Justice Reform
Criminal justice reform is the reform of criminal justice systems. Stated reasons for criminal justice reform include reducing crime statistics, racial profiling, police brutality, overcriminalization, mass incarceration, under-reporting, and recidivism or improving Victims' rights, Prisoners' rights and crime prevention. Criminal justice reform can take place at any point where the criminal justice system intervenes in citizens’ lives, including lawmaking, policing, and sentencing. Police reform Police reform describes the various proposals to change policing practices. The Brookings Institution organizes police reform into three categories: short-term, medium-term, long-term. Short-term hold Police officers accountable for their actions. The Law Enforcement Bill of Rights protects officers from losing their jobs, having their personal information put out to the world, police officers will be informed when they are being investigated, will be told who they will be int ...
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Constitutional Economics
Constitutional economics is a research program in economics and constitutionalism that has been described as explaining the choice "of alternative sets of legal-institutional-constitutional rules that constrain the choices and activities of economic and political agents". This extends beyond the definition of "the economic analysis of constitutional law" and is distinct from explaining the choices of economic and political agents within those rules, a subject of orthodox economics. Instead, constitutional economics takes into account the impacts of political economic decisions as opposed to limiting its analysis to economic relationships as functions of the dynamics of distribution of marketable goods and services. Constitutional economics was pioneered by the work of James M. Buchanan. He argued that "The political economist who seeks to offer normative advice, must, of necessity, concentrate on the process or structure within which political decisions are observed to be made. Ex ...
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Constitutionalism
Constitutionalism is "a compound of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law". Political organizations are constitutional to the extent that they "contain institutionalized mechanisms of power control for the protection of the interests and liberties of the citizenry, including those that may be in the minority". As described by political scientist and constitutional scholar David Fellman: Definition Constitutionalism has prescriptive and descriptive uses. Law professor Gerhard Casper captured this aspect of the term in noting, "Constitutionalism has both descriptive and prescriptive connotations. Used descriptively, it refers chiefly to the historical struggle for constitutional recognition of the people's right to 'consent' and certain other rights, freedoms, and privileges. Used prescriptively, its meaning incorporates those features of government se ...
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Supreme Court Reform In The United States
Supreme Court of the United States Reform in the United States As the only unelected branch of the Federal government of the United States, American system of constitutional government, the Supreme Court of the United States is the subject of heavy contention in public debate and has been since before the Constitution of the United States, Constitution's drafting. The Supreme Court holds high importance in the American system as the final judicial check on both United States Congress, legislative and President of the United States, executive power. The debates around reform hinge on the counter-majoritarian difficulty, a feature of the American governmental system in which one branch (the judiciary) can overrule the will of the majority. The Court's composition and structure is extremely fluid in nature. As laid out in Article Three of the United States Constitution, Article III of the Constitution of the United States, United States Constitution, the only clear explanation of ...
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Constitutional Reform Act 2005
The Constitutional Reform Act 2005 (c. 4) is an Act of the Parliament of the United Kingdom, relevant to UK constitutional law. It provides for a Supreme Court of the United Kingdom to take over the previous appellate jurisdiction of the Law Lords as well as some powers of the Judicial Committee of the Privy Council, and removed the functions of Speaker of the House of Lords and Head of the Judiciary of England and Wales from the office of Lord Chancellor. Background The office of Lord Chancellor was reformed to remove the ability of the holder to act as both a government minister and a judge, an arrangement that ran contrary to the idea of separation of powers. The reform was motivated by concerns that the historical mixture of legislative, judicial, and executive power might not conform with the requirements of Article 6 (paragraph 1) of the European Convention on Human Rights, because a judicial officer who has legislative or executive power is likely not to be considered ...
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Administration Of Justice Act
Administration of Justice Act (with its variations) is a stock short title used for legislation in the United Kingdom relating to the administration of justice. The Bill for an Act with this short title may have been known as a Administration of Justice Bill during its passage through Parliament. Administration of Justice Acts may be a generic name either for legislation bearing that short title or for all legislation which relates to procedural law. List United Kingdom :The Administration of Justice Act 1696 ( 8 & 9 Will. 3. c. 25) :The Administration of Justice Act 1705 ( 4 & 5 Ann. c. 3) :The Administration of Justice Act 1774 ( 14 Geo. 3. c. 39) :The Administration of Justice Act 1813 ( 53 Geo. 3. c. 24) :The Administration of Justice Act 1841 ( 5 Vict. c. 5) :The Administration of Justice Act 1920 ( 10 & 11 Geo. 5. c. 81) :The Administration of Justice Act 1925 ( 15 & 16 Geo. 5. c. 28) :The Administration of Justice Act 1928 ( 18 & 19 Geo. 5. c. 26) :The Administratio ...
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1960 Puerto Rican Judicial Reform Referendum
A referendum on judicial reform was held in Puerto Rico on 8 November 1960.Dieter Nohlen (2005) ''Elections in the Americas: A data handbook, Volume I'', p552 The changes were approved by 78% of voters.Nohlen, p556 Results References {{Puerto Rican elections Puerto Referendums in Puerto Rico Judicial The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ... Reform in Puerto Rico Puerto ...
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Courts Reform (Scotland) Act 2014
The Courts Reform (Scotland) Act 2014 (asp 18) is an Act of the Scottish Parliament passed in October 2014 to improve access to the civil justice system and while making the Court of Session The Court of Session is the highest national court of Scotland in relation to Civil law (common law), civil cases. The court was established in 1532 to take on the judicial functions of the royal council. Its jurisdiction overlapped with othe ... a place for the more complex cases. History The origins of this radical legislative reform lie with the Gill Report of 2009. The bill was introduced by Kenny MacAskill MSP on 6 February 2014. The bill was passed by the Parliament on 7 October 2014. It received Royal Assent on 6 May 2015. Provisions The legislation created a national Sheriff Appeal Court. The legislation raised the threshold from £5,000 to £100,000 for a case to be brought to the Court of Session. Some changes, such as a reduced ability to recover counsel's fees, make arb ...
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Brian Gill, Lord Gill
Brian Gill, Lord Gill, KSG FRSE FRSAMD FRSCM (born 25 February 1942) is a retired Scottish judge and legal academic. Lord Gill was Lord President and Lord Justice General and held that position for three years from 2012 until 2015. His 2007 to 2009 consultation and report into the failings of the Scottish legal system was followed by a major overhaul of the entire court system once he had been appointed Lord President. As an advocate, he practised principally in property law, and in particular agricultural law. He was appointed a judge of the Court of Session in 1994 and was Chairman of the Scottish Law Commission from 1996 to 2001. He served as Lord Justice Clerk from 2001 to 2012 prior to his appointment as Lord President. Between 2015 and 2017 Lord Gill sat on the panel of the Supreme Court of the United Kingdom. Between 2017 and 2020 he served three years as a Judicial Commissioner with the Investigatory Powers Commissioner's Office. He is the author of several works ...
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