Teaching Comparative Government and Politics

Thursday, January 21, 2016

More on the cost of justice

Two years ago, Lord Thomas, the lord chief justice of the UK, suggested that inquisitorial proceedings might save money for a judicial system under great pressure to cut expenses.

Mexico and Russia use inquisitorial systems. Do you know the difference between them and adversarial systems?

Inquisitorial system may be better for family and civil cases, says top judge

A judge-led, inquisitorial system of justice may be a better way of conducting family and civil cases where litigants are unrepresented, the lord chief justice has suggested.

In a challenge to centuries of British legal tradition based on adversarial hearings, Lord Thomas has called for a radical rethink of the way justice is delivered in an era of austerity…

Reductions in legal aid have already resulted in a "significant increase" in the number of unrepresented litigants in person in family and civil cases. Thomas said: "Traditional procedures are not best suited to a dispute between a father and mother over a child when inevitably matters that have caused emotional stress are raised by them in court as adversaries in person rather than being raised by lawyers acting for them."

An inquisitorial system might be an improvement for litigants in person and "secure a fair trial for all whilst doing so within limited and reducing resources," he said. "The essence of the change would be a much greater degree of inquiry by the judge into the evidence being brought forward."

Some lawyers, he admitted, would see it as a "process alien to our adversarial tradition". Research would have to consider whether an inquisitorial procedure would require more judges or a "new cadre of junior judges"…

Teaching Comparative blog entries are indexed. Use the search box to look for country names or concept labels attached to each entry.

The Comparative Government and Politics Review Checklist.

Two pages summarizing the course requirements to help you review and study for the final and for the big exam in May. . It contains a description of comparative methods, a list of commonly used theories, a list of vital concepts, thumbnail descriptions of the AP6, and a description of the AP exam format. $2.00. Order HERE.

What You Need to Know: Teaching Tools, the original version and v2.0 are available to help curriculum planning.

Just The Facts! 2nd edition is a concise guide to concepts, terminology, and examples that will appear on May's exam.

Just The Facts! is available. Order HERE.

Amazon's customers gave this book a 5-star rating.

What You Need to Know 7th edition is ready to help.

Order the book HERE
Amazon's customers gave this book a 4-star rating.

Labels: adversarial, inquisitorial, judiciary, rule of law, UK

Tuesday, November 11, 2014

Inching toward reform

In 2008, Mexico amended its constitution to remake its judicial system. Progress continues as the 2016 deadline approaches. The change and the process have been referred to before in this blog:

This article refers to "accusatorial" trials rather than "adversarial." I think the meanings are the same.

USD to help prepare Mexico for oral trials: Merida Initiative program focuses on law students and professors

The University of San Diego is collaborating with the National Autonomous University of Mexico to prepare Mexican students and law professors for their country’s transition to U.S.-style oral trials…

[T]he program… entitled “Oral Adversarial Skill-Building Immersion Seminar,” … comes as Mexico’s federal and state judicial systems transition from Mexico’s traditional inquisitorial approach where judges rely heavily on written documents.

Under the program, 240 law school students and faculty members from the Mexico City-based public university early next year will attend 40-hour skill building workshops. The training from U.S. attorneys, judges, magistrates and other experts includes sessions on presenting trial evidence and developing statements.

In addition to the workshops, selected participants will participate in study tours that will take them to Harvard, American University and University of San Diego. It will also include a symposium on focusing on Mexico’s progress in implementing judicial reform featuring key judicial scholars.

The program is part of the Merida Initiative, a multi-billion-dollar security agreement funded by the U.S. government that includes combating crime, promoting judicial reform, increasing border security and building resilient communities in Mexico.

A 2008 constitutional amendment in Mexico requires that by 2016 state and federal judicial systems adopt oral accusatorial trials…

Teaching Comparative blog entries are indexed. Use the search box to look for country names or concept labels attached to each entry.