Civil Justice, Privatization, and Democracy

Foundations of Civil Justice

“…Indeed, some policy-makers still turn to the idea of multifunctional spaces that could house judicial proceedings alongside other kinds of activities. 26 The Power of Symbols in Judicial Architecture A study of judicial architecture must also consider the role of judicial symbols. What is the normative scope of these symbols?…”

“…In the past few years, the European Commission on the Efficiency of Justice (CEPEJ) has developed a methodology for assessing and comparing data in the transnational context of the Council of Europe. 26 In 2012, the commission released another report reviewing data gathered in 2010 on various issues of access to justice including public expenditures on justice, legal aid funding, court organization, alternative dispute resolution, and gender representation in the judiciary, among other topics. 27 The commission had also issued a number of prior reports.…”

“…25 CANADIAN BAR ASSOCIATION, supra note 12, at 6. 26 The CEPEJ conducts a pan-European survey on a two-year cycle. The CEPEJ offers comprehensive qualitative and quantitative tools for the evaluation of judicial systems despite differences among domestic systems.…”

“…Indeed, for Trevor Farrow, the shift toward dispute resolution outside the public forum of State courts for efficiency reasons constitutes a privatization of justice and a risk to the system of democratic governance. 26 Historically, however, the distinction between private and public justice, and the emergence of the State as the sole authority capable of rendering justice, can be traced back to the erosion of the feudal system and the emergence of the (often centralized) nation-state. Exercising a monopoly over the administration of justice may have been a function critical to legitimizing the power of absolute monarchs; however, this function is historically circumscribed.…”

“…26 convergence between private and public interests. For example, for parties to trust the process, the decision-maker must not only be impartial, in terms of respecting due process, but must also be honest and neutral, in terms of showing consideration for the parties' social status and claims.…”