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Article
Publication date: 2 July 2018

Pinaki Nandan Pattnaik, Satyendra C. Pandey and Faizan Mustafa

The purpose of this paper is to share the experience of Centre for Management Studies, NALSAR University of Law in developing the new MBA programme in Court Administration and

Abstract

Purpose

The purpose of this paper is to share the experience of Centre for Management Studies, NALSAR University of Law in developing the new MBA programme in Court Administration and Management.

Design/methodology/approach

This paper describes the urgent need of skilled managers for court management and administration in an Indian context. The identification of the gap in skilled manpower and the availability of a structured learning platform at a master’s level is also discussed in the paper. In addition, the detailed process that the university adopted in developing the programme objectives, structure and curriculum is also explained.

Findings

Educational innovations are rare. This programme is one-of-its-kind in India. NALSAR University of Law introduced this programme after a rigorous screening and evaluation process. This paper highlights the importance of proper planning and execution in introducing innovative programmes. The paper also highlights the acceptance that the programme received from all stakeholders due to its relevance and diligent planning.

Practical implications

This paper makes an attempt to provide the detailed workflow that any university should undertake prior to launching any programme. The importance of identifying relevant stakeholders, the process of developing a programme, curating and conducting the process for best outcomes, with an emphasis on the contribution that a university can make is discussed in detail.

Originality/value

MBA in Court Administration and Management offered by NALSAR University of Law is unique as similar programmes are not offered by any other university in India. Thus, this paper is a novel contribution in highlighting the development and launch of the programme in Asia.

Details

Quality Assurance in Education, vol. 26 no. 3
Type: Research Article
ISSN: 0968-4883

Keywords

Article
Publication date: 12 March 2018

Pinaki Nandan Pattnaik, Satyendra C. Pandey and Mahendra Kumar Shukla

The purpose of this study is to identify and develop an understanding of various success factors in implementing an efficient court management system by the court managers…

Abstract

Purpose

The purpose of this study is to identify and develop an understanding of various success factors in implementing an efficient court management system by the court managers employed at the trial courts and high courts in India. Court management implies using a professional approach using managerial tools and techniques in managing courts.

Design/methodology/approach

This study is based on a case study with two Indian states demonstrating efficiency in judicial operation with the adoption of court management techniques. Semi-structured interviews with the court registry, court managers, document studies, court visits, along with observation are the main data sources.

Findings

It was observed that managerial practices of job autonomy, regular feedback, clear job expectations and support from the supervisor/reporting officer act as critical success factors for court management efficiency.

Originality/value

This paper adds empirical insight from the Indian viewpoint on existing literature concerning management of courts.

Details

International Journal of Law and Management, vol. 60 no. 2
Type: Research Article
ISSN: 1754-243X

Keywords

Article
Publication date: 10 October 2021

Floriana Fusco, Renato Civitillo, Paolo Ricci, Sylwia Morawska, Katarzyna Pustułka and Przemysław Banasik

That on accountability in public organizations is quite an old debate. Its introduction in judicial systems is, however, still viewed with some suspicion, due to its potential…

Abstract

Purpose

That on accountability in public organizations is quite an old debate. Its introduction in judicial systems is, however, still viewed with some suspicion, due to its potential trade-off with independence and impartiality. Nevertheless, the need to respond to the demands for greater transparency and accountability has also pushed judicial organizations to establish a dialogue with a wide range of subjects. This study aims to explore the understanding and the current practices of sustainability reporting currently in place in judicial systems.

Design/methodology/approach

The study adopts a comparative approach, conducting an online survey in two European countries (Italy and Poland). The survey was built around the research questions and literature and administered between February and March 2020. Specifically, 804 courts were involved, of which 430 are in Italy and 374 in Poland.

Findings

Findings show that the current practices are still not widespread and there is still a lack of understanding of what sustainability reporting is, and therefore, of what its potential usefulness within the courts could be. Moreover, many differences between the two countries are pointed out, so it is possible to assume that the different cultural and institutional settings influence sustainability reporting practices. Finally, some interesting implications for policymakers are provided.

Originality/value

Judicial organizations are still poorly investigated in the literature, despite being at the center of a wide public and political debate. Moreover, the international comparative perspective adopted constitutes a further aspect of novelty.

Article
Publication date: 1 February 1993

Wilma F. Groos

This paper outlines Dutch criminal law and law of criminal procedure and recent amendments to both. Recent legislation makes it possible, to a greater extent than before, to…

Abstract

This paper outlines Dutch criminal law and law of criminal procedure and recent amendments to both. Recent legislation makes it possible, to a greater extent than before, to investigate the financial dealings of criminal organisations. If a special financial investigation reveals the existence of illegally obtained assets, valuable items of property (such as houses, boats or expensive cars) may be seized. If an offender is sentenced to pay a sum of money to the state, this can be recovered — wholly or partly — from the goods seized.

Details

Journal of Financial Crime, vol. 1 no. 2
Type: Research Article
ISSN: 1359-0790

Article
Publication date: 2 August 2011

Danielle Morin

This paper seeks to investigate the work performed by French Cour des comptes magistrates as part of performance audits. The research objective is to understand who the…

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Abstract

Purpose

This paper seeks to investigate the work performed by French Cour des comptes magistrates as part of performance audits. The research objective is to understand who the magistrates are, what they do, how they do what they do, how they perceive their role, what authority they feel they can claim, and how, through performance audits, they try to influence the way the organisations they visit are run.

Design/methodology/approach

In addition to 35 interviews conducted with Court magistrates (based on a semi-structured interview questionnaire) and non-participant observation, public documentation was analysed. To understand how magistrates perform their tasks at the Court, basic theories on influence processes and theories on decision making developed by Herbert A. Simon were applied.

Findings

After exploring the universe in which magistrates of the French Cour des comptes operate, it appears that their undertaking of performance audits has engendered a host of competing visions: the transition to modernity has to occur. The Court presents itself officially as a supreme audit institution but it acts as a grand corps de l ' État (senior branch of the Civil Service). Magistrates come to the Court of their own accord and make every effort to avoid being viewed as control professionals. The Court openly positions itself as a “judge of management”, wishing to impose its jurisdictional authority on activities that are essentially professional in character. A migration from traditional roles is observed: the role of the Court as a critic of the Administration has been sidelined. In addition, the magistrates claim to be judges when they are in the ambit of the Court, but shed this role for that of “catalysts of change” when they interact with representatives of the organisations audited.

Research limitations/implications

The research is based on a detailed analysis of a specific context. This may limit the wider applicability of the findings. However, the data gathered from the French experience could be useful for other supreme audit institutions (SAIs) whose status is equivalent to that of the Court, or whose mandate has expanded in the past decade.

Originality/value

This study lifts the veil on the performance audit practice at one of the numerous supreme audit institutions. In addition, the French context has received scant attention from researchers.

Details

Accounting, Auditing & Accountability Journal, vol. 24 no. 6
Type: Research Article
ISSN: 0951-3574

Keywords

Article
Publication date: 2 October 2009

Lorato Motsaathebe and Nathan Mnjama

The purpose of this paper is to discuss issues pertaining to the management of court records in Botswana.

5781

Abstract

Purpose

The purpose of this paper is to discuss issues pertaining to the management of court records in Botswana.

Design/methodology/approach

The paper shows the use of questionnaires, structured and unstructured interviews with the High Court administrators and records keepers as well as personal observations on how records are managed, inspection of storage facilities and observations on records retrieval procedures.

Findings

Concludes that in the past the management of legal records at the High Court received little attentions, but now the High Court has embarked on measures including the introduction of an automated court record system to manage its records.

Practical implications

The paper shows that the effective management of legal records is of crucial to the administration of justice and that there is a need to pay closer attention to the management of court records.

Originality/value

This paper brings together issues related to the management of court records at the High Court in Botswana.

Details

Records Management Journal, vol. 19 no. 3
Type: Research Article
ISSN: 0956-5698

Keywords

Article
Publication date: 24 May 2013

Wan Satirah Wan Mohd Saman and Abrar Haider

The marriage between information and communication technology (ICT) and law has brought forward a significant change in the administration of justice. This paper aims to present…

2379

Abstract

Purpose

The marriage between information and communication technology (ICT) and law has brought forward a significant change in the administration of justice. This paper aims to present the scenario of technology adoption in the court of law with special reference to Malaysia. It also aims to illustrate the intelligent use of technology to advance the pace of the administration of court reflected in w‐Shariah project in Shariah Court systems in Malaysia through various electronic applications, and finally propose an ICT adoption framework based on an information systems (IS) theory.

Design/methodology/approach

This research adopts a qualitative case study approach to explore the scenario of information technology (IT) adoption in the court of law in Malaysia through semi‐structured interviews, observation and document reviews. Data gathered provide an understanding of how technology is used in the court workflow as well as the whole life‐cycle management of records in Shariah Court. This case study covers the management of records in Shariah courts of Kuala Lumpur and Putrajaya. It involves personal observations on the whole life‐cycle of court room technology management.

Findings

Five e‐Shariah modules were applied in 110 Shariah courts in Malaysia in 102 locations nationwide, using the electronic government network called EG*Net. E‐Shariah applications managed to standardize work environment in Shariah courts and link all the business processes on a single channel. Case clearance rate has risen significantly since then.

Research limitations/implications

This research is limited to the electronic applications in Shariah Court system, the secondary legal system in Malaysia after the Civil Court system. It is suggested that the future research is done to the Civil Court system, to complement the current research; in order to have a complete IS perspective on the overall legal system in Malaysia.

Social implications

This paper proposed a technology adoption framework for electronic court management, which can be used by the policy makers for the enhancement of justice system. This research provides a foundation for practical technology adoption in courts.

Originality/value

This paper demonstrates how ICT allow for better management of court management within institutionalization theory. It presents various kind of technology adoption in courts, including video conferencing with high‐tech video presenters and monitors, recreation of crime scene, electronic filing system, electronic case management and electronic court records management and systematic information storage and retrieval system. It discusses the three isomorphic pressures (coercive, normative and mimetic) that influence the technology adoption process. A research framework is presented which is expected to benefit the policy makers and judicial practitioners.

Article
Publication date: 16 November 2015

Mpho Ngoepe and Salmon Makhubela

The purpose of this study is to investigate the cases of “delayed and denied” justice that resulted from a lack of or poor record-keeping in the South African courts and police…

3084

Abstract

Purpose

The purpose of this study is to investigate the cases of “delayed and denied” justice that resulted from a lack of or poor record-keeping in the South African courts and police service with a view to encouraging proper records management. Proper records management plays a significant role in supporting the justice system. Records provide the critical evidence that a particular action or transaction took place and can be used as evidence in a court of law. Without reliable and authentic records, government cannot administer justice and, as a result, offenders can be set free while the victims are denied justice.

Design/methodology/approach

Utilising content analysis, this study extracted print media articles (2000-2012) relating to the “records and justice system” from the South African Media database, which is one of the databases hosted by the South African Bibliographic and Information Network. The study selected cases reported in the media to conduct follow-up interviews with a policeman, lawyer and judge to discover the implications of the unavailability of required records in court cases. Furthermore, access was given to three selected cases that were given high profile in the media and these cases were analysed to find out what the final verdict in each case was.

Findings

Results of the study suggest that some criminal cases were withdrawn due to missing dockets or cases not properly registered. In some instances, records were reconstructed, resulting in the travesty of justice. The study concludes by arguing that if records are not accounted for, lawyers, prosecutors and magistrates could dispute the authenticity of records. As a result, justice for victims would be delayed and ultimately denied while the perpetrators are freed.

Research limitations/implications

The findings and recommendations of this study may go a long way in helping courts in South Africa to manage records properly to support the justice system. Furthermore, the study is a useful compilation of the importance of missing records for social purposes.

Originality/value

In an attempt to show the role of records management in the administration of justice in South Africa, this study used a triangulation of data collection tools. This is a new attempt, especially in the South African context. Previous studies in southern Africa only looked at the management of records in supporting justice system.

Details

Records Management Journal, vol. 25 no. 3
Type: Research Article
ISSN: 0956-5698

Keywords

Book part
Publication date: 12 January 2021

Susan Alberts, Mireya Dávila and Arturo Valenzuela

In the decades following Chile's 1990 return to democracy, successive governments adopted pioneering reforms aimed at modernizing the state and strengthening democratic…

Abstract

In the decades following Chile's 1990 return to democracy, successive governments adopted pioneering reforms aimed at modernizing the state and strengthening democratic governance. This chapter discusses the major developments within Chile's public sector since 1990, with an emphasis on reforms affecting the civil service and public sector management. The politics of the reform process was notable for successful consensus building and led to a more meritocratic, professionally managed public employment system. This chapter also provides an overview of initiatives to strengthen accountability through greater transparency and citizen participation in government, as well as the major public sector management reforms adopted during the last three decades.

Details

The Emerald Handbook of Public Administration in Latin America
Type: Book
ISBN: 978-1-83982-677-1

Article
Publication date: 5 September 2023

Krishna Prasad Paudel

The purpose of this paper is to investigate the practices of information and communication technology (ICT) in modernizing the courts. In this context, this paper focuses on the…

Abstract

Purpose

The purpose of this paper is to investigate the practices of information and communication technology (ICT) in modernizing the courts. In this context, this paper focuses on the usage of ICT in the Nepali judiciary system involving both judicial and court administration to automate judicial activities.

Design/methodology/approach

A narrative case study was conducted to identify the current status of technology in the judiciary system concerning court automation and administration. The information was gathered from justice, case registration officer, bench officer and admin personnel.

Findings

This study shows that technological intervention is made in the Nepali judiciary to automate judicial activities. The judicial activities, such as case registration, case automation, case hearing, the decision of cases and cause list, are of high priority and are managed through case management software. Furthermore, it demands an innovative learning environment within the judiciary to strengthen the capacity of the employees of the judiciary in the field of ICT.

Research limitations/implications

This study anticipates the participant’s perception and practical aspects of technology to modernize the courts to provide better and more effective service to its stakeholders. This study carried out the perceptions of the justice, bench officer, case registration officer and admin personnel. The voice of the other stakeholders was not carried out.

Practical implications

This paper establishes the practical aspects of ICT in modernizing the courts to provide better services to its stakeholders. It also replicates the status of ICT in the Nepali judiciary.

Originality/value

This paper tries to establish the practical implications of ICT along with its importance in the judiciary of Nepal.

Details

International Journal of Law and Management, vol. 66 no. 1
Type: Research Article
ISSN: 1754-243X

Keywords

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