The World Bank Page 1 Judicial Reform: The U.S. and U.K. Experience Richard E. Messick World Bank June 2004.

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Presentation transcript:

The World Bank Page 1 Judicial Reform: The U.S. and U.K. Experience Richard E. Messick World Bank June 2004

The World Bank Page 2 Let us not turn to America in order to slavishly copy the institutions she has fashioned for herself but in order that we may better understand what suits us; let us look for instruction rather than models. Alexis De Toqueville, 1848

The World Bank Page 3 Three Lessons 1.Process Never Ending 2.Demands Real Data 3.Opposition Can Be Overcome

The World Bank Page 4 1. Process Never Ends English Experience -- First Effort – 1340: Parliamentary inquiry into causes of court delay Latest One - June 2005: Proposals to Reduce Delays in Criminal Trials

The World Bank Page 5 2. Demands Real Data U.S. -- Civil Justice Act of 1990 U.K. --Woolf Reforms of 1995

The World Bank Page 6 3. Overcoming Opposition Typical Sources – –Lawyers, clerks, enforcement agents –Large debtors, tenants rights groups –Executive branch bureaucrats Methods for Overcoming – –Divide and conquer –Expand Debate/Information campaigns –Leadership