Supreme Courts Under Pressure: Controlling Caseload in the Administration of Civil Justice

This book discusses civil litigation at the supreme courts of nine jurisdictions and focuses on the available instruments used to keep the caseload of these courts within acceptable limits. It highlights the need for a balanced approach to safeguarding capacity and quality, as the nature of reform in this area is not the same everywhere. The implementation of similar solutions to case overload may have different effects in different jurisdictions.

Format: Paperback / softback
Length: 233 pages
Publication date: 15 March 2022
Publisher: Springer Nature Switzerland AG

This comprehensive book delves into the realm of civil litigation at the highest judicial levels across nine diverse jurisdictions: Argentina, Austria, Croatia, England and Wales, France, Germany, Italy, Spain, and the United States. Its primary focus lies in exploring the various tools employed to manage the caseload of these esteemed courts, ensuring that it remains within acceptable boundaries. These instruments are crucial in enabling supreme courts to fulfill their fundamental roles, namely the administration of justice in individual cases (private function) and the promotion of uniformity and legal development within their respective jurisdictions (public function).

However, when the number of cases at the supreme court level exceeds a certain threshold, detrimental consequences arise. Chief among these is the occurrence of undue delays, which pose significant challenges, particularly in the context of the private function. Moreover, it can also exert pressure on the quality of court judgments, impacting both the public and private spheres. Consequently, measures aimed at preventing excessive caseloads must consider both functions equally.

One potential solution to address case overload is to increase the capacity of the court to handle a greater volume of cases. While this approach may seem appealing, it is important to recognize that it could potentially hinder the court's ability to fulfill its public function effectively. The sheer volume of court decisions can make it challenging to maintain uniformity in the law and ensure its continuous development. Therefore, a balanced approach is necessary to safeguard capacity and quality.

As evidenced by the insightful contributions presented in this book, the nature of reform in the area of case overload varies significantly across different jurisdictions. This heterogeneity is influenced by a range of factors, including diverse interpretations of the caseload problem, local perspectives on the role of the Supreme Court, and strong entitlements related to the right to appeal, coupled with budgetary constraints and stringent legislation. Furthermore, the book highlights that implementing similar solutions to case overload, such as access to justice initiatives, can yield varying outcomes due to these contextual differences.

In conclusion, this book provides a valuable exploration of civil litigation at the supreme courts of nine diverse jurisdictions. It sheds light on the challenges posed by excessive caseloads and emphasizes the need for a balanced approach to address them. By examining the tools employed and the contextual factors influencing reform, the book offers valuable insights into the complex dynamics of managing judicial caseloads and ensuring the effective fulfillment of supreme courts' primary duties.

Weight: 379g
Dimension: 235 x 155 (mm)
ISBN-13: 9783030637330
Edition number: 1st ed. 2021