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Explore the judicial reform experiences of the U.S. and the U.K., focusing on the never-ending process, the importance of real data, and strategies to overcome opposition. Learn from historical events and modern reforms to enhance your understanding of what works best.
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Judicial Reform: The U.S. and U.K. Experience Richard E. Messick World Bank June 2004
Let us not turn to America in order to slavishly copy the institutions she has fashioned for herself but in order that we may better understand what suits us; let us look for instruction rather than models. Alexis De Toqueville, 1848
Three Lessons • Process Never Ending • Demands Real Data • Opposition Can Be Overcome
1. Process Never Ends • English Experience -- • First Effort – 1340: Parliamentary inquiry into causes of court delay • Latest One - June 2005: Proposals to Reduce Delays in Criminal Trials
2. Demands Real Data • U.S. -- Civil Justice Act of 1990 • U.K. --Woolf Reforms of 1995
3. Overcoming Opposition • Typical Sources – • Lawyers, clerks, enforcement agents • Large debtors, tenants’ rights groups • Executive branch bureaucrats • Methods for Overcoming – • Divide and conquer • Expand Debate/Information campaigns • Leadership