ECPR

Install the app

Install this application on your home screen for quick and easy access when you’re on the go.

Just tap Share then “Add to Home Screen”

Judicial Corruption: a comparative study of Judicial fairness

Democracy
Courts
Jurisprudence
Marcos Iglesias
Universidad de Salamanca
Andrew Banfield
Australian National University
Marcos Iglesias
Universidad de Salamanca

Abstract

When it comes to corruption, our first thoughts fly towards high level politicians that accept great amounts of money for favours that can go from millionaire building contracts, to simply sign a paper that can transform a natural space into a multi apartment building. In these cases voters, those who initially trusted these politicians trust that the judicial system we be able to fight against corruption in any way necessary. Judicial independence becomes crucial when talking about corruption, court efficiency turns into a matter of great importance because of the need of judicial fairness when it comes to resolve corruption cases. Clerks can be bribed to slow down cases, but judges may also be tempted to accept a bribe to dismiss a case, or even pressure by the politician whom positioned him where he is in order to avoid being sentenced for an illegal act. The study of judicial corruption is to this extent of great importance, as is the way to have a totally independent judicial system to guarantee no possibility of legal unfairness. In order to do so, to completely different legal systems have been compared as to see how they deal with judicial independence and which is the perception citizens have of this independence when it comes to ask justice to protect their rights. How is judicial independence guaranteed? How is judicial corruption eradicated when encountered? This study sees in to different legal systems such as the Australian legal system, based on Common Law, and other European systems that base their existence on Roman law. It will compare the actual mechanisms that exist in order to prevent, detect and eradicate any possible case of corruption between those chosen, or selected, to dispense justice, to then compare the actual number of cases of judicial corruption in each country studied. The conclusions of the study will see which legal system has been most effective when it comes to deal with judicial corruption, which have been the most effective mechanisms implemented to fight against judicial corruption and if these are improvable in any way.