Challenges of case management in somaliland high court by Guled Abdulahi Osman law-18-511 & Salah Bile Warsame law-18-5
Theoretical /conceptual frame work
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Chapter 5 Contract law 2, SCHOOL OF LAW A THESIS SUBMITTED IN THE
| Theoretical /conceptual frame work
Efficiency in judicial system The reference to efficiency in judicial system is really necessary, because efficiency could be seen as a facet of the wider claim to the effectiveness of judicial protection of rights. It is not reduce the discussion to an ideological market ideology where the the judicial protection of rights depend only of a profit-maximizing and cost-minimizing approach. if one maintained that judicial protection of rights and efficiency are incompatible, one would be bound to believe that individuals do not care about judicial protection of rights (except when they are parties to civil proceedings) Efficiency is different from effectiveness, as the the first is connected with the purposes and arrangements of the whole civil justice System, while the procedural economy is rather linked to the purpose(s) of single proceedings (most cost-efficient way) . The efficiency of civil procedure should be a link between the regulation and management of single civil proceedings and the systemic management of the mass of civil proceedings. A connected micro and macro view of a management for a better administration of justice. The literature on the rule of law and economic growth has been one of the more dynamic areas of theoretical and empirical work in political science, economics and law, joining an interest in institutions and fundamental economic processes. The access to the courts and the effective protection of rights should be provided in a fair process by the law in an efficient way. How? Taking into account the allocation to each case of an appropriate share of the court's resources regarding the need to allot resources to other cases. The real problem and challenge, as Prof. Caponi1 remarks, is finding a way to determine how much individuals value judicial protection of rights in comparison with other goods and services they want to obtain and, accordingly, how many resources they wish to devote to the judicial System in comparison with other sectors of public administration. In this field is the political process and arena the competent to decide. The management of justice thus leads to a tension between a market logic and a logic of human rights. In other words, it is necessary to manage the flow without reaching the guarantees of a fair trial. The principle of case management is that the court, rather than the litigants, controls the pace of litigation. It is a modern approach to dispute resolution which seeks to move away from the bitter adversarial clashes of the past and encourage a greater start with judicial degree of cooperation and partnership between all concerned. Download 195.64 Kb. Share with your friends:
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