Judicial reform is the complete or partial political reform of a country's judiciary. Judicial reform can be connected to a law reform, constitutional amendment, prison reform, police reform or part of wider reform of the country's political system. [1]
Stated reasons for judicial reform include increasing of the independence of the judiciary, constitutionalism and separation of powers, increased speed of justice, increased fairness of justice, [2] improved impartiality, [3] and improving electoral accountability, political legitimacy and parliamentary sovereignty. [4] [5]
Areas of the judicial reform often include: codification of law instead of common law, changing between an inquisitorial system and an adversarial system, changes to court administration such as judicial councils or changes to appointment procedure, establishing mandatory retirement age for judges or increasing the independence of prosecutors from the executive.
The 2024 Mexican judicial reform is a series of constitutional amendments that restructured the judiciary of Mexico. [20] It was passed by Congress and by the required number of state legislatures and was signed into law on 15 September by outgoing president Andrés Manuel López Obrador in the final two weeks of his term, [21] [22] turning Mexico into the first country to have elections for all judges. [23] [24]
The reform transforms Mexico's federal judiciary from an appointment-based system to one where judges are elected by popular vote, with each judge serving a renewable nine-year term. It reduces the number of Supreme Court justices from 11 to 9 and limits their terms to 12 years. The reform also allows the use of "faceless" judges and establishes a new tribunal for judicial oversight and accountability, while significantly reducing benefits and salaries previously received by members of the judiciary. [25] [26]The reform of the judiciary which was largely the work of the Minister of Justice Dmitry Zamyatin, his extremely important assistant Serge Zarudny, and several other enlightened officials, proved to be the most successful of the 'great reforms'. Almost overnight it transformed the Russian judiciary from one of the worst to one of the best in the civilized world. / Later the government tried on occasion to influence judges for political reasons, and, what is more important, in its struggle against radicalism and revolution it began to withdraw whole categories of legal eases from the normal procedure of 1864 and to subject them to various forms of the courts martial. But, while the reform of the judiciary could be restricted in application, it could not be undone by the imperial government, and, as far as the reform extended, modem justice replaced arbitrariness and confusion. Russian legal reform followed Western, especially French, models, but, as Kucherov and others have demonstrated, these models were skillfully adapted to Russian needs It might be added that the courts, as well as the zemstvo institutions, acquired political significance, for they served as centers of public interest and enjoyed a somewhat greater freedom of expression than was generally allowed in Russia.
Of no less significance was the judicial reform of 1864, of which Serge Zarudny was the chief promoter. Its basic points were the improvement of court procedure, introduction of the jury system and justices of the peace, and the organization of lawyers into a formal bar. The new courts proved equitable and efficient, and in this respect Russia could be compared favorably with the most progressive European countries. ... Most of the characteristics created by the reforms of Alexander II lasted until 1905, and some until 1917.
The chief justice of the United States is the chief judge of the Supreme Court of the United States and is the highest-ranking officer of the U.S. federal judiciary. Article II, Section 2, Clause 2 of the U.S. Constitution grants plenary power to the president of the United States to nominate, and, with the advice and consent of the United States Senate, appoint "Judges of the supreme Court", who serve until they die, resign, retire, or are impeached and convicted. The existence of a chief justice is only explicit in Article I, Section 3, Clause 6 which states that the chief justice shall preside over the impeachment trial of the president; this has occurred three times, for Andrew Johnson, Bill Clinton, and for Donald Trump’s first impeachment.
Judicial independence is the concept that the judiciary should be independent from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government or from private or partisan interests. Judicial independence is important for the idea of separation of powers.
The judiciary is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law in legal cases.
The judiciary of Germany is the system of courts that interprets and applies the law in Germany.
The Supreme Court of the United Kingdom is the final court of appeal in the United Kingdom for all civil cases, and for criminal cases originating in England, Wales and Northern Ireland. As the United Kingdom's highest appellate court for these matters, it hears cases of the greatest public or constitutional importance affecting the whole population.
John Mercer Walker Jr. is a senior United States circuit judge of the United States Court of Appeals for the Second Circuit. He served as chief judge from September 30, 2000, to September 30, 2006, when he assumed senior status. He was a United States district judge of the United States District Court for the Southern District of New York, appointed in 1985 by President Ronald Reagan before being elevated to the Second Circuit in 1989.
Law reform or legal reform is the process of examining existing laws, and advocating and implementing change in a legal system, usually with the aim of enhancing justice or efficiency.
The Venice Commission, officially European Commission for Democracy through Law, is an advisory body of the Council of Europe, composed of independent experts in the field of constitutional law. It was created in 1990 after the fall of the Berlin Wall, at a time of urgent need for constitutional assistance in Central and Eastern Europe.
In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, and highcourt of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of a supreme court are binding on all other courts in a nation and are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts, hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts. A supreme court can also, in certain circumstances, act as a court of original jurisdiction.
The Constitutional Court of the Russian Federation is a high court within the judiciary of Russia which is empowered to rule on whether certain laws or presidential decrees are in fact contrary to the Constitution of Russia. Its objective is only to protect the Constitution and deal with a few kinds of disputes where it has original jurisdiction, whereas the highest court of appeal is the Supreme Court of Russia.
The National Council of Justice (CNJ) is an administrative and oversight organ of the Brazilian Judiciary created by constitutional amendment in 2004 as a part of judicial reform. Among its responsibilities are ensuring that the judicial system remains autonomous, conducting disciplinary proceedings against members of the Judiciary, and compiling and publishing statistics on the Brazilian court system. The Council has nationwide jurisdiction over all courts except the Supreme Federal Court, but makes no rulings on cases and does not review judgements of other courts. Its fifteen members are chosen by the Supreme Federal Court for two-year terms.
The judiciary of Poland are the authorities exercising the judicial power of the Polish state on the basis of Chapter 8 of the Constitution of Poland. As in almost all countries of continental Europe, the Polish judiciary operates within the framework of civil law.
The Ministry of Justice of the Russian Federation is a ministry of the Government of Russia responsible for the legal system and penal system.
The National Council of the Judiciary is the national council of the judiciary of Poland. It is a public body in Poland responsible for nominating judges and reviewing ethical complaints against sitting jurists.
The Polish Supreme Court Disciplinary Chamber law is legislation that defines conduct standards for the majority of Polish judiciary, namely the common and military courts and the Supreme Court, albeit excluding the administrative courts and the tribunals. It was enacted by the Sejm on 20 December 2019.
Since 2017, a series of protests against judiciary reforms have occurred in Poland. Since Law and Justice took power in Poland in 2015, its influence rapidly extended to the judicial branch, through contended nominations that produced the 2015 Polish Constitutional Court crisis. The Law and Justice party argues that the reforms are needed to improve the efficiency of the judiciary, but the opposition, supported by a significant number of members of the judiciary, has been very critical of the reforms. The reforms have also been criticized by a number of international bodies. The European Commission invokes the Article 7 of the European Treaty against E.U. member Poland, denouncing recent judiciary reforms putting it under the political control of the ruling majority and citing "serious risk [to] the independence of the judiciary and the separation of powers".
The Judiciary of Mexico officially the Judicial Power of the Federation is one of the three branches of government in Mexico, and the sole federal judiciary power. It is composed of the Supreme Court of Justice of the Nation, which serves as its highest court, the Federal Judiciary Council, the Federal Electoral Tribunal, regional courts, circuit and appellate collegiate courts, and district courts.
The judiciary of South Korea is the judicial branch (사법부) of South Korean central government, established by Chapter 5 and 6 of the Constitution of South Korea.
The Polish constitutional crisis, also known as the Polish rule-of-law crisis, is a political conflict ongoing since 2015 in which the Polish government has been accused of failing to comply with European and Polish constitutional law. The 2015 elections resulted in the Law and Justice party winning control of both the presidency and the parliament. With this government trifecta, PiS used its power to appoint judges to the Constitutional Tribunal in 2015, leading to the 2015 Polish Constitutional Court crisis. The government of Poland continued to expand its hold on the judiciary resulting in the 2017 Supreme Court crisis, and the 2019 Polish judicial disciplinary panel law. These events allowed the legislature and executive of the Polish government to have de facto control over judges and their appointments.
The 2024 Mexican judicial reform is a series of constitutional amendments that restructured the judiciary of Mexico. It was passed by Congress and by the required number of state legislatures and was signed into law on 15 September by outgoing president Andrés Manuel López Obrador in the final two weeks of his term, turning Mexico into the first country to have elections for all judges.
