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1 – 10 of 665The 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.
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In the last 10 years, India has amended its laws dealing with sexual offences against women with the changes ranging from increasing terms of imprisonment for the offence of rape…
Abstract
In the last 10 years, India has amended its laws dealing with sexual offences against women with the changes ranging from increasing terms of imprisonment for the offence of rape to state-funded compensation schemes for women and child victims. In this regard, challenges persist for the agencies of the criminal justice system in India especially the courts to realise the vision of restorative justice as these forums have to navigate the relevant statutory provisions and binding precedents. This chapter seeks to analyse the challenges faced by courts in proper reintegration of victims and offenders of sexual offences, the institutional responses of the courts and suggests reforms to the criminal justice system in India in consonance with the principles of restorative justice acknowledged in the restorative justice movement in the international discourse.
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Thalia Anthony, Juanita Sherwood, Harry Blagg and Kieran Tranter
This follows the September dismissal of their cases by a lower election court.
This study aims to analyse the present situation of gender inequality in the workplace in India, examine the legal provisions that address gender inequality in India and evaluate…
Abstract
Purpose
This study aims to analyse the present situation of gender inequality in the workplace in India, examine the legal provisions that address gender inequality in India and evaluate and assess the recommendations made to eliminate gender imbalance at workplaces in India.
Design/methodology/approach
This study will adopt an exploratory research design to help identify and describe the most pressing problems and developments in the field. For this purpose, a secondary data collection approach is adopted. This study will acquire data through secondary means. This study will gather secondary data through the course of existing literature, judicial decisions and other authentic and published sources.
Findings
Legislative and judicial efforts alone are not enough to achieve gender equality. The mindset of people, in general, has to change through awareness. Unless a law is supported by public opinion, it cannot achieve its goal.
Research limitations/implications
This study is limited to gender inequality in the workplace only. In addition, the judicial perspective on gender disparity in India is examined in this paper. As a result, the findings cannot be applied to other situations.
Originality/value
This study deals with gender inequality in the workplace from legal and judicial perspectives and discusses that social change can be brought only by enacting laws but by public awareness.
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This paper aims to provide a historical overview of AA, its purpose and benefits, the legal rationale for the SCOTUS ruling and what it means for colleges and the workplace…
Abstract
Purpose
This paper aims to provide a historical overview of AA, its purpose and benefits, the legal rationale for the SCOTUS ruling and what it means for colleges and the workplace regarding equitable opportunities for minority groups (which include women, Blacks, Hispanics, Asians and other low-income populations), as they aim for the “American dream”.
Design/methodology/approach
SCOTUS decision and rationale, along with literature.
Findings
The race-based affirmative action (AA) precedent was recently overturned by the Supreme Court of the United States (SCOTUS) in the case of Students for Fair Admission (SFFA), Inc. vs President and Fellows of Harvard College/University of North Carolina. SCOTUS ruled that race cannot be a specific basis for college admission. In other words, public and private colleges and universities will no longer be able to consider “race” as a factor in deciding which qualified applicants should be admitted to enhance the diversity of their student body.
Originality/value
This is an original analysis.
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Zulfia Hanum Alfi Syahr, Novian Uticha Sally and Muhamad Zaky Albana
The electronic judicial consists of applications supporting cases handling until the court makes a legal decision. The electronic judicial will not only include case…
Abstract
Purpose
The electronic judicial consists of applications supporting cases handling until the court makes a legal decision. The electronic judicial will not only include case administration but also be able to accommodate bailiff's services. At the beginning of Covid-19 pandemic, many bailiff's tasks had to be delayed due to the implementation of movement restrictions and lockdowns, thus hampering the execution process. The impact is that a buildup of cases cannot be completed. The purpose of this paper is to integrate the bailiff's service into the judicial digitalization services so that transparency and accountability in the electronic judicial can be achieved.
Design/methodology/approach
The method used is qualitative, with the data collected through in-depth interviews with bailiffs in court. Then it was analyzed through triangulation technique by doing literature studies, discussions and observations.
Findings
This study shows that the bailiff's service needs to be developed and integrated into the electronic judicial in Indonesia, which consists of a case tracking information system, e-court and electronic execution supervision.
Originality/value
This research focuses on bailiff services in Indonesia. The bailiff's assistance in Indonesia must be integrated with applications supporting e-court as electronic judicial in Indonesia. This integration will help solve the case faster in court.
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President Bola Tinubu’s All Progressive Congress (APC) retained control over Imo and Kogi, while the opposition People’s Democratic Party (PDP) kept its hold over Bayelsa…
Monica Giancotti, Giorgia Rotundo and Marianna Mauro
European justice systems are facing a dramatic performance crisis due to the frequent inability to resolve cases without incurring unreasonable delays and backlogs. In this…
Abstract
Purpose
European justice systems are facing a dramatic performance crisis due to the frequent inability to resolve cases without incurring unreasonable delays and backlogs. In this framework, the Italian Judicial system places itself well below the European countries average, in terms of speed of resolution of administrative, civil and criminal trials. The purpose of the paper was to (1) identify factors affecting Italian judicial system efficiency and (2) identify potential actions to manage them, improving judicial system efficiency.
Design/methodology/approach
In order to achieve the aims of this paper, a systematic review to map all critical factors discussed in previous studies was performed. Studies were extracted from Google Scholar, Web of Science and SSRN databases. In total, 22 studies were included.
Findings
The identified factors of inefficiency of the Italian judicial system have been divided into three macro-classes depending on whether they concern human resource management, the judicial process or whether they pertain to internal or external outside the judicial organization. For each of these, possible strategies have been developed in a new conceptual framework.
Originality/value
The framework seeks to assist policymakers in forming policy measures that can significantly increase court effectiveness. This is the first attempt to review and map all factors affecting judicial system efficiency systematically, providing a new conceptual framework to manage them.
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Ambareen Beebeejaun and Rajendra Parsad Gunputh
E-commerce is gaining popularity across the globe and Mauritian businesses are also increasingly making use of online platforms to engage in cross-border electronic transactions…
Abstract
E-commerce is gaining popularity across the globe and Mauritian businesses are also increasingly making use of online platforms to engage in cross-border electronic transactions. However, there are several implications arising from online trading which need to be addressed, among which one is the validity of e-contracts. This research will therefore emphasise on two main components of e-contracts: choice of law and the applicable jurisdiction. While Mauritian laws were amended to give effect to digital signatures and e-agreements, there is no extensive or substantive domestic legal provision on choice of law and jurisdiction. Hence, the purpose of this study is to advocate for a greater clarity on the legal framework governing the applicable law and jurisdiction governing a conflict situation in e-contracts, with the view of increasing trust in international e-commerce and to bring in consistency with international commercial relations. This study will be carried out in the Mauritian context by adopting the black letter approach which will analyse the relevant rules and regulations concerning e-contract formation and validity. Additionally, a comparative analysis will be conducted on the legal framework relating to the applicable law and jurisdiction in e-contracts for selected countries: the European Union and the United States. These countries have been chosen for the comparison due to their high involvement in e-commerce and their advanced as well as comprehensive rules on e-commerce.
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