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Article
Publication date: 13 March 2017

Elsebah Maseh and Shadrack Katuu

This paper is based on an empirical study undertaken between April 2014 to December 2014 that aims to investigate the Open Government Initiative in the Kenyan Judiciary

Abstract

Purpose

This paper is based on an empirical study undertaken between April 2014 to December 2014 that aims to investigate the Open Government Initiative in the Kenyan Judiciary and its contribution to Judiciary transformation for enhanced justice delivery.

Design/methodology/approach

The paper draws from both literature and data collected from representative professionals in the Kenyan Judiciary through interviews and questionnaires.

Findings

The findings indicated that the Kenyan Judiciary was at its initial stages of implementing its Open Government Initiative, and several strategies for the implementation were identified. Further, the findings revealed the benefits of opening up the Judiciary for public participation which pointed toward an improved justice delivery.

Originality/value

This paper presents findings of the investigation of Open Government Initiative in the Kenyan Judiciary as a contributory factor to the then on-going Judiciary transformation aimed at enhanced justice delivery. The paper provides a nexus between open government and records management and demonstrates the importance of sound records management for successful Open Government Initiative.

Details

Journal of Science and Technology Policy Management, vol. 8 no. 1
Type: Research Article
ISSN: 2053-4620

Keywords

Article
Publication date: 3 February 2012

Awal Hossain Mollah

The aim of this paper is to analyze the status of independence of the judiciary in Bangladesh. It is recognized worldwide that an independent judiciary is the sin qua non…

1521

Abstract

Purpose

The aim of this paper is to analyze the status of independence of the judiciary in Bangladesh. It is recognized worldwide that an independent judiciary is the sin qua non of democracy and good governance. However, without separation of the judiciary from other organs of the state absolute independence of judiciary is not possible. An attempt has been made in this paper to sketch the brief historical background of judicial system in Bangladesh through analyzing the meaning and basic principles of judicial independence and to what extent these principles exists in Bangladesh. How did the judiciary finally separate from the executive? After separation of the judiciary, what is the status of executive interference over judiciary in Bangladesh has also been evaluated in this paper.

Design/methodology/approach

The study is qualitative in nature and based on secondary sources of materials like books, journal articles, government rules, newspaper reports, etc. Relevant literature has also been collected through Internet browsing.

Findings

In this study, it has been found that from time immemorial the judicial system of Bangladesh was not completely independent from the interference of the executive branch of the government. It has also been found that from the beginning of the British colonial rule, the question of separation of the judiciary from the executive had been a continuing debate. Presently, even after separation of the judiciary, the interference of the executive over the judiciary is still continuing.

Practical implications

This paper opens a new window for the policy makers and concerned authorities to take necessary steps for overcoming the existing limitations of the status of judicial dependence in Bangladesh.

Originality/value

The paper will be of interest to legal practitioners, policy makers, members of civil society, and those in the field of judicial system in Bangladesh and some other British colonial common law countries.

Details

International Journal of Law and Management, vol. 54 no. 1
Type: Research Article
ISSN: 1754-243X

Keywords

Article
Publication date: 13 July 2010

Mohammed Awal Hossain Mollah

The aim of this paper is to analyze the role of the judiciary in ensuring legal accountability of government officials and its impact on governance in the context of…

Abstract

Purpose

The aim of this paper is to analyze the role of the judiciary in ensuring legal accountability of government officials and its impact on governance in the context of Bangladesh. Although, the judicial system of Bangladesh comprises Supreme Court, subordinate courts and tribunals. However, this study focuses Supreme Court only to keep the study in a manageable extent.

Design/methodology/approach

The study is qualitative in nature and based on content analysis. Dhaka Law Report (DLR), which is a monthly published report on case laws[1] decided by the Supreme Court has been selected as content for this study. Some case laws selected from DLR (2004‐2008) were analyzed using purposive sampling method, with a view to evaluating the effectiveness of judiciary (as an external but formal mechanism of accountability) in accountability of government administration and management and its impact on overall governance.

Findings

The most important finding of this paper is that the judiciary is very effective for ensuring legal accountability of government officials, which ultimately contributes to human rights and good governance. However, a major problem found was that until and unless an affected person files a case against a government authority, maintaining the required procedures of judiciary, it (the judiciary) has no scope to settle any disputes. Though there is a provision of Suo Muto (by own initiative) rule of the Supreme Court, this practice is very rare in Bangladesh. Furthermore, the executive is responsible for implementing the verdict of the judiciary. Therefore, if the government has not enough respect for, or does not care to implement judiciary's verdict, justice and rule of law will not be ensured. This study also found some cases like this.

Research limitations/implications

This work does not address detailed issues of governance and is not based on empirical data.

Practical implications

This is a mixed study of judiciary and public administration, which is very rare in Bangladesh. Therefore, it will be brought into line with current practice by the concerned researchers and policy makers in public administration and judiciary.

Originality/value

This paper will be of interest to legal practitioners, policy makers, academicians and those in the field of governance.

Details

International Journal of Law and Management, vol. 52 no. 4
Type: Research Article
ISSN: 1754-243X

Keywords

Article
Publication date: 1 June 2020

Krishna Prasad Paudel

The purpose of this paper is to investigate the practices of knowledge management (KM) by the Justices and bench officers of Judiciary of Nepal. The aim of this study is…

Abstract

Purpose

The purpose of this paper is to investigate the practices of knowledge management (KM) by the Justices and bench officers of Judiciary of Nepal. The aim of this study is to explore the KM practices by the Justices and bench officers of the Supreme Court of Nepal during the process of the decision-making process and Judgmental preparing process.

Design/methodology/approach

The qualitative design and case study method was applied to this research. The information were collected from the Justices and bench officers of the Supreme Court of Nepal by using an interview of the participants.

Findings

It was essential to establish the KM in judiciary in the process of case hearing, decision-making and execution process. The KM tool and techniques help to make the employee of judiciary including justices to make a decision faster. It also establishes the values of the KM in judiciary from Judicial and administrative perspectives.

Research limitations/implications

The study anticipated the participants’ perceptions and practices of KM during the process of case hearing, decision-making and decision execution process of the case. This research was not viewed from the perspectives of judicial administration. The research participants of this study were Justices and bench officers of the Supreme Court of Nepal. So, it reflects the scenario of practices of Supreme court of Nepal.

Practical implications

This paper provides support for the importance of KM practices and awareness in judiciary to enhance the decision-making process during the case hearing process by the Justices in court.

Originality/value

This paper tries to establish practical implication along with its importance in Judiciary of Nepal.

Details

International Journal of Law and Management, vol. 62 no. 5
Type: Research Article
ISSN: 1754-243X

Keywords

Book part
Publication date: 20 August 2012

Emily Zackin

One of the most dramatic controversies over judicial independence in the United States occurred at the state level, in antebellum Kentucky, when two entirely different…

Abstract

One of the most dramatic controversies over judicial independence in the United States occurred at the state level, in antebellum Kentucky, when two entirely different state high courts remained in operation, each claiming to be the only legitimate tribunal. This chapter describes Kentucky's two-court crisis, but focuses primarily on the constitutional convention of 1849, which followed it. Through the lens of modern scholarship about judicial independence, the lessons that antebellum Kentuckians drew from their own history seem quite counterintuitive. They did not view their project of judicial design as a matter of balancing judicial independence with accountability, a task that many modern scholars of American politics have posited as the central problem of judicial design. Instead, Kentucky's constitutional convention sought to structure an institution that would allow the state's courts to respond to popular sentiment without compromising their independence. Thus, these debates suggest frameworks for understanding judicial independence that do not pit independence against judicial accountability or popular politics, but attempt to discern which forms of politics threaten the independence of courts, and which forms may not.

Details

Special Issue: The Discourse of Judging
Type: Book
ISBN: 978-1-78052-871-7

Book part
Publication date: 6 May 2008

Ira L. Strauber

This chapter addresses commentary about constitutional law and politics in this current era of a conservative domination of the judiciary.1 Its primary concern is the…

Abstract

This chapter addresses commentary about constitutional law and politics in this current era of a conservative domination of the judiciary.1 Its primary concern is the different ways in which a working majority on the Court and its judiciary of appointees by Presidents Reagan, George H. W. Bush, and George W. Bush might be conservative,2 and the different ways in which domination might take place.3 The frame for the chapter is what I call an “indifference thesis” for analyzing constitutional law and politics. Stated boldly, the thesis is that there should be a commentary distinguished by an interpretive attitude that distrusts, and intentionally resists, analysis based on preconceived notions about the strengths and weaknesses of any constitutional law and politics, be it conservative or left-liberal.4 Perhaps, to many readers, an indifference thesis for commentary appears methodologically odd, if not politically perverse. Therefore, the first order of business is to try to make the thesis less odd and perverse by explaining its provenance and attributes.5

Details

Special Issue Constitutional Politics in a Conservative Era
Type: Book
ISBN: 978-0-7623-1486-7

Article
Publication date: 12 September 2008

Hakeem O. Yusuf

This paper aims to examine the growing incidence of judicialisation of politics in Nigeria's democratisation experience against the backdrop of questionable judicial…

Abstract

Purpose

This paper aims to examine the growing incidence of judicialisation of politics in Nigeria's democratisation experience against the backdrop of questionable judicial accountability.

Design/methodology/approach

The article draws on legal and political theory as well as comparative law perspectives.

Findings

The judiciary faces a daunting task in deepening democracy and (re) instituting the rule of law. The formidable challenges derive in part from structural problems within the judiciary, deficient accountability credentials and the complexities of a troubled transition.

Practical implications

Effective judicial mediation of political transition requires a transformed and accountable judiciary.

Originality/value

The article calls attention to the need for judicial accountability as a cardinal and integral part of political transitions.

Details

International Journal of Law and Management, vol. 50 no. 5
Type: Research Article
ISSN: 1754-243X

Keywords

Article
Publication date: 12 October 2020

Federica Viapiana

The purpose of this paper is to compare the different performance-based budgeting models used in the judiciaries of three European countries: Italy, Finland and the…

Abstract

Purpose

The purpose of this paper is to compare the different performance-based budgeting models used in the judiciaries of three European countries: Italy, Finland and the Netherlands. In particular, this paper focusses on the criteria adopted by these three countries to fund the courts, and it analyses the effects of these criteria on the distribution of resources and performance variability among first instance courts.

Design/methodology/approach

This exploratory research is based on a literature review and data analysis of three case studies. Equity in resource distribution and equality in courts' performance are assessed using the coefficient of variation.

Findings

The preliminary findings suggest the following: (1) funding models with a close link between performance and budget better guarantee equitable allocation of resources among courts and, therefore, more equal performance among courts within a country; (2) unbalanced allocation of resources is associated with disparities among courts in terms of judicial efficiency and effectiveness and consequently, unequal treatment of/outcomes for citizens coming before the law.

Research limitations/implications

This paper is part of a broader research project aimed at analysing the impact of performance budgeting on the efficiency, quality, organization and values of judiciaries. This study only considers quantitative aspects of performance, but it will be followed by further analysis that will explore performance and judicial budgeting from other perspectives.

Practical implications

This paper describes examples of three different models of performance-based judicial budgeting from other countries, which aim to reform the budgeting processes of the judiciaries in question. The paper emphasizes the importance of adopting rational and transparent funding criteria in order to ensure judicial independence and accountability and to balance courts' performance, guaranteeing the principle that every citizen must obtain the same treatment before the law.

Originality/value

This paper contributes to the existing performance-based budgeting literature by studying its application to the judiciary, which, due to its peculiarities, is an area that has been overlooked in previous studies and deserves further attention. This study contributes to the court administration literature by exploring the issue of budgeting, which, despite its importance, is still a neglected subject.

Details

Journal of Public Budgeting, Accounting & Financial Management, vol. 33 no. 2
Type: Research Article
ISSN: 1096-3367

Keywords

Article
Publication date: 12 March 2018

Md. Rafiqul Islam Hossaini

The purpose of this paper is to analyse the legendary decision of the Appellate Division of the Supreme Court of Bangladesh. Apart from this, the author’s aim is to…

Abstract

Purpose

The purpose of this paper is to analyse the legendary decision of the Appellate Division of the Supreme Court of Bangladesh. Apart from this, the author’s aim is to analyse the constitutional interpretation done by the Higher Judiciary of the Country. Another aim of this note is to simplify the decision of this case for the understanding of the mass people and law students.

Design/methodology/approach

To conclude this paper, both qualitative and analytical methods have been used.

Findings

In this paper, a summarized fact of the case has been presented. In addition to that, decision of the High Court Division in the Writ petition has been simplified with six simple points. Moreover, major arguments submitted by both the Appellant’s and Respondent’s Lawyers have been summarized. Decision of the Appellate Division has been simplified with 12 simple points along with the reasoning behind the judgement.

Research limitations/implications

In this paper, only the case of Secretary, Ministry of Finance vs Md. Masdar Hossain and Others has been studied and analysed in depth.

Practical implications

This paper will mainly help the Law and Social Science students for simply understanding the decision and the reasoning behind the decision of the case. Apart from that, this case noting will help both academics and legal professionals to study this case within a short period.

Social implications

This paper will help mass people who want to study about this case to simply understand the case in depth. In addition to that, people will get known about the procedure hoe the subordinate judiciary of Bangladesh became independent.

Originality/value

This conceptual paper is the original piece of work and is not under review in any other journal. This paper has not been published previously in any other journal.

Article
Publication date: 8 February 2011

Pranab Kumar Panday and Awal Hossain Mollah

The main aim of this paper is to analyze judicial system of Bangladesh, which comprises all courts and tribunals that performs the delicate task of ensuring rule of law in…

2481

Abstract

Purpose

The main aim of this paper is to analyze judicial system of Bangladesh, which comprises all courts and tribunals that performs the delicate task of ensuring rule of law in the society. The paper depicts the history and evolution of the judicial system in Bangladesh from ancient period to present day.

Design/methodology/approach

The study is qualitative in nature and based on secondary sources of materials like books, journal articles, government orders, rules, acts, newspaper reports, etc. Relevant literature has also been collected through internet browsing.

Findings

The major findings of this paper are: there is a well‐organized court system in Bangladesh which is in fact the replica of the system introduced by British rulers and it is widely accepted in the original Constitution of Bangladesh. The ancient judicial system was not based on rule of law rather on caprice and caste consideration. The executive branch of government always attempts to control the judiciary through different mechanisms, which include the appointment, tenure and discipline of judges from ancient period. Therefore, the independence of judiciary is vulnerable from ancient time to present day and even after separation of the judiciary from the executive (November 2007) the interference of the executive over the judiciary is still continuing.

Practical implications

This paper opens a new window for the policy makers and concerned authorities to take necessary steps for overcoming the existing limitations of judiciary.

Originality/value

The paper will be of interest to legal practitioners, policy makers, members of civil society, and those in the field of judicial system in Bangladesh and some other British colonial common law countries.

Details

International Journal of Law and Management, vol. 53 no. 1
Type: Research Article
ISSN: 1754-243X

Keywords

1 – 10 of over 4000