2015-12-31
Cutting Corners or Enhancing Efficiency?
Publication
Publication
Simplified Procedures and the Israeli Quest to Speed up Justice
Erasmus Law Review , Volume 8 - Issue 4 p. 185- 200
Israel was spared the worst of the world financial crisis of 2008-2009. However, austerity concerns are by no means invisible in the developments in the field of civil procedure. These concerns correlate heavily with the long-standing Israeli preoccupation with ‘speeding up’ justice. An array of simplified procedural tracks, aimed at addressing the perceived inadequacy of ‘standard’ procedure, have been developed in Israel over the years. The importance of simplified procedures in the Israeli system cannot be overestimated. Their development illustrates the dialectical tension between the values of ‘efficiency’ and ‘quality’ in the administration of justice. During periods of austerity, the scales are easily (or easier) tipped in favour of efficiency and general or particular simplification of procedure. In times of prosperity, on the other hand, concerns over ‘quality’, access to justice, and truth discovery predominate, and attempts at promoting efficiency and/or simplification at their expense tend to be bogged down. Such attempts also tend to lose their extrinsic legitimacy and are widely viewed as ‘cutting corners’. This is evident in the recent Israeli experience with civil procedure reform.
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doi.org/10.5553/ELR.000052, hdl.handle.net/1765/80079 | |
Erasmus Law Review | |
Erasmus Law Review | |
Organisation | Erasmus School of Law |
Brosh, E. (2015). Cutting Corners or Enhancing Efficiency?. Erasmus Law Review, 8(4), 185–200. doi:10.5553/ELR.000052 |