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Supreme Courts Under Pressure: Controlling Caseload in the Administration of Civil Justice

Supreme Courts Under Pressure: Controlling Caseload in the Administration of Civil Justice

Author: Pablo Bravo-Hurtado; Cornelis Hendrik van Rhee
Publisher: Springer-Verlag
ISBN: 9783030637330

Published In: March 2022
Format: Paperback
Jurisdiction: Switzerland ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9783030637309

HKD 1,994.87

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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.

Introduction.- Towards a Reform of the French Court of Cassation?

Finding a Cure or Simply Relieving Symptoms? The Case of the Italian Supreme Court

Back in Focus: Case Overload and Case Selection Standards in the Spanish Supreme Court

Sharing Responsibility: The German Federal Court of Justice and the Civil Appellate System

Access to the Austrian Oberster Gerichtshof: Attempts to Strike a Balance Between Adequate Workload and Adequate Review

Croatia: Supreme Court between Individual Justice and System Management

The Supreme Court of the United Kingdom and the Court of Appeal in England and Wales: Sharing the Appellate Load

A Happy-Go-Lucky Story: The American Supreme Court and Overload Problems

Case Selection and Writ of Certiorari in Argentina: 'Transcendence' as a Case-Selection Parameter at the Federal Supreme Court

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