Managerialism
- Created by: Lucy.payne
- Created on: 13-01-20 10:30
View mindmap
- Managerialism
- Basics
- Not a system but an analytical frame to look at the different changes that have been made to the criminal and civil justice systems
- Idea that judges have now become managers of the court room
- Increasingly know more about the case earlier on e.g. witnesses
- Judges negotiate particular points with the parties
- Managerial judges work beyond the public view (behind the scenes)
- Difficulty with accountability
- Wolf Reforms
- Shift towards Managerialism?
- Judith Resnik 'Managerial Judges'
- "As managers, judges learn more about cases much earlier than they did in the past..."
- "...They negotiate with parties about the course, timing and scope of both pretrial and post trial litigation
- "Yet the restraints that formally circumscribed judicial authority are conspicuously absent..."
- "...Managerial judges frequently work beyond the public view, off the record [...] out of reach of appellate view"
- "As managers, judges learn more about cases much earlier than they did in the past..."
- Criminal Justice System
- Gradual acceptance of guilty please on the Continent are "a by-product of their drive to mamange their criminal processes more cost effectively."
- Civil Justice System
- Successive reforms have moved control from the parties to the judge
- ADR increasingly encouraged as an alternative to trial (judges can sanction those who refuse)
- Basics
Comments
No comments have yet been made