Document Library

Legal and Judicial Sector Assessment Manual

Author: The World Bank
Date: 2002
Size: 73 pages (63KB)

Access full text: available online

Summary

How can the rule of law be achieved? What is the best way to reform a judicial and legal system? This manual, from the World Bank Legal Vice Presidency provides a tool to carry out a diagnosis of a country’s legal and judicial system prior to reform. The promotion of the rule of law is distinct from other public sector reform. It requires long-term commitment, and must be approached strategically, with a holistic and complete reform programme.

To develop a strategy for the promotion of the rule of law it is necessary to carry out a diagnostic of the legal and judicial system. The following issues must be addressed in a legal reform programme:

• The processes by which laws are made, enacted and brought to public knowledge are of crucial importance. Public participation in the drafting of a law increases the likelihood that it will be supported.
• The rule of law requires an independent judicial system with courts that operate in an impartial, predictable, efficient and transparent way.
• Judicial reform should enhance independence and increase efficiency and equity in resolving disputes by improving access to justice.
• All citizens should have access to some form of conflict resolution and rule enforcement. Efficient administrative processes are critical and reform programmes should address this issue.

The initial diagnostic or assessment should look at both the legal and the judicial sector. Both sectors pose special challenges for measurement, not least because their success is defined not by what they do, but what they deter – conflict and illegal behaviour.

• The assessment of the judicial sector should include information on the basic judicial structure, the appointment and diversity of judges, independence from the executive and legislative functions, accountability, existence of judicial council, court administration, budgets and salaries, physical infrastructure and alternative dispute resolution processes.
• In assessing the legal sector, some of the information to be collected includes the basic legal structure, the existence of a penal code and a bill of rights, sectoral laws such as the rights of women, the role of customary law, legal policy and process, the way that the public is informed about laws, whether the public has access to court hearings, training and education of the legal profession, training of judges and the availability of legal advice and services.
• Empirical data such as the number of lawyers, and the annual budget of public defender’s offices, should be collected for each country. This information will allow cross country comparisons as well as helping to define specific problems and performance measurement indicators.

Access full text: available online

Source: The World Bank, 2002, Legal and Judicial Sector Assessment Manual, The World Bank, Washington D.C.