Nobody's Perfect

Comparative Essays on Appeals and Other Means of Recourse against Judicial Decisions in Civil Matters

Edited by: A. Uzelac, C.H. van Rhee

Nobody's perfect. Nevertheless, public confidence in the legal justice system depends on the belief that decisions made in judicial processes are reasonably correct and accurate. Since no one has a monopoly on ultimate correctness, a large part of trust in the correct and objective nature of outcomes of the judicial process is rooted in the trust in the mechanisms of quality control. However, the specific nature of the judicial process, encapsulated in the principle of judicial independence, as well as in the right to fair and swift adjudication, requires specific control mechanisms that have to achieve a sensitive balance between various aims and goals. Based on these observations, this collection of essays focuses on the systems of appellate control of court judgments. The book explores the relationship between the different approaches to appeals in national civil justice systems, along with their impact on the overall efficiency and effectiveness of the legal protection of individual rights. Recognizing that any approach to appeal has to strike a balance - between the ideals of correctness, legitimacy, and impeccable legal reasoning, on the one hand, and the ideals of legal certainty, effectiveness, and efficiency, on the other - the book's contributors were invited to discuss how contemporary justice systems deal with this issue. This allows an evaluation of whether the issues in debate are rather disparate or whether, on the contrary, the procedural philosophies and approaches to appeal in different legal systems are converging. (Series: Ius Commune Europaeum - Vol. 129)

Publication Date: 5/5/2014
Format: Paper
ISBN: 9781780682365