Summary
Appellate jurisdiction General recommendations Judicial appointments Library and research facilities Amicus curiae Translation and interpretation services Adequate security Specific recommendations Public confidence/appointment and independence of judges Recommendations: Backlog and modernisation Recommendations: Continuing judicial education Recommendations: The regional and international law jurisdiction General recommendations Library facilities Infrastructure Funding Periodic meetings Specific recommendations Jurisdiction Recommendation: Jurisdiction of interpretation Recommendation Access or locus standi Recommendation: Jurisprudence and exchange among regional courts Recommendations: Jurisprudence and research facilities and support Recommendations: Training and continuing legal education Recommendations: The registry Communication between registries in regional/federal arrangements - sub-registries Recommendations: Interaction with judges, legal profession, the general public and among registrars Recommendations - judges and the legal profession Recommendations - interaction with the general public Recommendations - interaction amongst registrars Case management systems, statistics and electronic filing Recommendations - case management systems Recommendations - statistics Recommendations - electronic filing Dealing with frivolous, vexatious and abuse of process procedures Recommendations - specific rules Rules of Court Recommendations - user friendly rules Recommendation - exercise of discretion by registrars in giving directions Recommendations - time limits for hearing within a reasonable time and the 'deemed abandoned' rule Translation Recommendations - networking Public awareness and access to justice Public awareness Recommendations: Public Relations Unit Use of Existing Facilities Annual Press Conferences Publication of Reports Promoting Open Justice Participation by the Judiciary in Public Discussion Use of Modern Technology The Caribbean Court of Justice The Supreme Court of New Zealand Access to justice Change of Culture of Practice Legal Aid Improving Physical Access Procedural Improvements Use of Information Technology (IT) Alternative Dispute Resolution (ADR) Information Centres and Customer Service Charters Department of Court Administration Codes of Conduct Complaints Procedure
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Extract
Recommended Best Practices
Reference has been made throughout this book to the Commonwealth meetings that occurred between 2003 and 2007. The considered outcomes have, therefore, been the culmination of these meetings and visits, as well as interaction and exchanges among delegates. The final delivery of recommendations occurred at the July 2007 Commonwealth meetings. It is believed that given the wealth of experience and seniority of the delegates, these outcomes of determination for best practices are invaluable. Appellate jurisdiction The role of the appellate jurisdiction in the provision of justice has to be recognised and respected.85 This jurisdiction is at the end of the road of appeals for justice undertaken by litigants. Recommendations for specific and general best practices are provided on reaching a position to provide as best an appellate jurisdiction as possible. General recommendations Judicial appointments There should be ad hoc judicial appointments from the Judicial Committee of the Privy Council (JCPC) and other common law/Commonwealth jurisdictions by courts within the Commonwealth. This approach enhances exchanges and allows for comparative assessments of the development of jurisprudence. Library and research facilities A fundamental tool for granting assurance to maintain standards and equipping the judiciary with appropriate instruments, is the provision of adequate funding for instituting and maintaining library resources, including technological innovations in such libraries. Working with law schools to secure assistance from students will also bolster research facilities, while simultaneously granting future members of the legal profession an opportunity to make a contribution and become familiar with processes. Amicus curiae Arrangements should be made with bar associations and the courts to be able to create a list of potential amicus curiae (advisers to the court). Translation and interpretation services Where courts have to work in different languages, qualified translators and interpreters are necessary. Their training in legal language i...
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