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 ...
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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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Add this copy of Supreme Courts Under Pressure: Controlling Caseload in to cart. $169.07, new condition, Sold by GreatBookPrices rated 4.0 out of 5 stars, ships from Columbia, MD, UNITED STATES, published 2022 by Springer Nature Switzerland AG.
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New. Contains: Illustrations, black & white. Ius Gentium: Comparative Perspectives on Law and Justice . VII, 233 p. 5 illus. Intended for professional and scholarly audience. In Stock. 100% Money Back Guarantee. Brand New, Perfect Condition, allow 4-14 business days for standard shipping. To Alaska, Hawaii, U.S. protectorate, P.O. box, and APO/FPO addresses allow 4-28 business days for Standard shipping. No expedited shipping. All orders placed with expedited shipping will be cancelled. Over 3, 000, 000 happy customers.
Add this copy of Supreme Courts Under Pressure: Controlling Caseload in to cart. $169.07, new condition, Sold by GreatBookPrices rated 4.0 out of 5 stars, ships from Columbia, MD, UNITED STATES, published 2021 by Springer.
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New. Sewn binding. Cloth over boards. 233 p. Contains: Unspecified, Illustrations, black & white. Ius Gentium: Comparative Perspectives on Law and Justice, 83. In Stock. 100% Money Back Guarantee. Brand New, Perfect Condition, allow 4-14 business days for standard shipping. To Alaska, Hawaii, U.S. protectorate, P.O. box, and APO/FPO addresses allow 4-28 business days for Standard shipping. No expedited shipping. All orders placed with expedited shipping will be cancelled. Over 3, 000, 000 happy customers.
Add this copy of Supreme Courts Under Pressure: Controlling Caseload in to cart. $169.08, new condition, Sold by Ingram Customer Returns Center rated 5.0 out of 5 stars, ships from NV, USA, published 2022 by Springer Nature Switzerland AG.
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Seller's Description:
New. Print on demand Contains: Illustrations, black & white. Ius Gentium: Comparative Perspectives on Law and Justice . VII, 233 p. 5 illus. Intended for professional and scholarly audience.
Add this copy of Supreme Courts Under Pressure: Controlling Caseload in to cart. $169.08, new condition, Sold by Ingram Customer Returns Center rated 5.0 out of 5 stars, ships from NV, USA, published 2021 by Springer.
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Seller's Description:
New. Print on demand Sewn binding. Cloth over boards. 233 p. Contains: Unspecified, Illustrations, black & white. Ius Gentium: Comparative Perspectives on Law and Justice, 83.
