Pub. date: 2007 | Online Pub. Date: September 25, 2007 | DOI: 10.4135/9781412952637 | Print ISBN: 9780761923879 | Online ISBN: 9781412952637| Publisher:Sage Publications, Inc.About this encyclopedia
Court Administration and Reform
International experience shows that the sustainable consolidation of democracy and the rule of law requires an effective judiciary. A democratic system is composed of public institutional mechanisms open to citizen input serving the purpose of translating social preferences into public policies. These public policies, embodied in laws and regulations, must be subject to interpretation and enforcement by the judicial system. The rule of law requires governments to bind themselves by laws, while every person should be treated with equal rights within a judicial system that is feasibly accessible. As a result, democracy and the rule of law both require effective penal and civil courts. For the judiciary to perform these roles effectively, courts need to be accountable for their performance, while also enjoying a strong degree of independence for judicial appointments and within financial and disciplinary domains. Many developed and developing countries have attempted to reform their judiciaries as an ...