Court Performance Around the World: A Comparative Perspective

Abstract

Many countries around the world are undertaking legal and judicial reforms as part of their overall development programs. This has resulted from growing recognition that economic and social progress cannot sustainably be achieved without respect for the rule of law, democratic consolidation, and effective human rights protection;' each of which requires a well-functioning judiciary that can interpret and enforce the laws equitably and efficiently. An effective judiciary is predictable, resolves cases in a reasonable time frame, and is accessible to the public. Many developing countries, however, find that their judiciaries advance inconsistent case law and carry a large backlog of cases, thus eroding individual and property rights, stifling private sector growth, and, in some cases, even violating human rights. Delays affect both the fairness and the efficiency of the judicial system; they impede the public's access to the courts, which, in effect, weakens democracy, the rule of law and the ability to enforce human rights.