SECTION B – JUSTICE SECTOR:5
Judicial institutions play an important role in stabilizing the balance of power
within a government and access to justice is fundamental to the protection of
human rights. Courts are also important conflict resolution mechanisms for
resolving disputes non-violently. This section focuses on judicial institutions
and the key actors: judges, prosecutors, and defenders.
Context Questions
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How are judges and prosecutors appointed?
What is the level of corruption in the judicial institutions? Is this
being addressed?
What are the size and coverage of the judiciary, prosecution, public
defenders (e.g. number, variety, jurisdiction, and hierarchy of the
courts)?
What are the capacity limitations of the judicial institutions
(human resource, financial, infrastructure)?
What are the reliable authority and financial resources of the
judicial institutions?
What types of issues and disputes do non-state justice systems
address?
What is the relationship between traditional and formal systems for
resolving disputes?
Is there a demand for judicial reform within the government?
What are the incentives and disincentives for reform?
What is the relationship between civil society organizations and
state and non-state justice providers?
Which, if any, groups in society do not have access to justice?
With which justice institutions (state and non-state) do poor people
interact most? Are these experiences positive or negative?
Are there military courts? Under what circumstances can they try
civilians for criminal offences?
1) Function: Judicial Institutions
a) Capability: Judiciary
i)
Measurement Indicators
• Is there a separation of powers between the judiciary and the other
branches of government?
• Are judicial decisions free from influence by the executive or
legislative branch both under the law and in practice?
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Are court decisions typically objective and based on the merits
(objective arguments and evidence presented) of the case?
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NOTE: All queries in a sub-category that are underlined must be answered in the affirmative for a
country to score above a two in that sub-category regardless of the proportion of other affirmative
responses.
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