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Is justice delayed justice denied? An empirical approach

Author

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  • Alessandro Melcarne

    (EconomiX - EconomiX - UPN - Université Paris Nanterre - CNRS - Centre National de la Recherche Scientifique)

  • Giovanni Battista Ramello
  • Spruk Rok

Abstract

Improving judicial performance in order to enhance the business environment has been a policy goal for many governments in the last decades. Following the suggestions of several international organizations, most countries have tried to speed up their case resolution systems by streamlining judicial procedure. However, not as much attention has been devoted to test the potential drawbacks of similar reforms in terms of supplying a quicker but yet qualitatively inferior justice, thus contradicting the well-known legal maxim justice delayed is justice denied. The present work wishes to contribute to the empirical literature on the topic by proposing two alternative ways to further disentangle the relationship between judicial performance and judicial quality. Exploiting a dataset of 171 countries for the 2003–2016 time period, we find statistically significant evidence of a strong and negative relationship between courts’ delay and countries’ quality of the justice. While the intrinsic limits of this kind of institutional empirical analysis suggest caution when interpreting our estimates as proof of causality, we present more robust evidence suggesting that countries characterized by faster judiciaries seem to be equally not affected by a deterioration of the quality of justice, thus confirming the aforementioned maxim, at least descriptively.
(This abstract was borrowed from another version of this item.)

Suggested Citation

  • Alessandro Melcarne & Giovanni Battista Ramello & Spruk Rok, 2020. "Is justice delayed justice denied? An empirical approach," Post-Print hal-02975445, HAL.
  • Handle: RePEc:hal:journl:hal-02975445
    Note: View the original document on HAL open archive server: https://hal.science/hal-02975445
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    Cited by:

    1. Paolo Mazzocchi & Claudio Quintano & Antonella Rocca, 2024. "Efficiency analysis using SBM and PLS-SEM: insights from the Italian judicial system," Quality & Quantity: International Journal of Methodology, Springer, vol. 58(6), pages 5621-5654, December.
    2. repec:hal:journl:hal-03680153 is not listed on IDEAS
    3. Melcarne, Alessandro & Monnery, Benjamin & Wolff, François-Charles, 2022. "Prosecutors, judges and sentencing disparities: Evidence from traffic offenses in France," International Review of Law and Economics, Elsevier, vol. 71(C).
    4. Rizvi, Syed Muhammad All-e-Raza & Véganzonès-Varoudakis, Marie-Ange, 2023. "Institutional determinants of internal conflicts in fragile developing countries," Journal of Policy Modeling, Elsevier, vol. 45(5), pages 910-934.
    5. Arnone, Massimo & Costantiello, Alberto & Drago, Carlo & Leogrande, Angelo, 2024. "When Justice Lags: Civic Engagement, Deprivation, and Institutional Performance," MPRA Paper 124549, University Library of Munich, Germany.
    6. Panayotis Kapopoulos & Anastasios Rizos, 2024. "Judicial efficiency and economic growth: Evidence based on European Union data," Scottish Journal of Political Economy, Scottish Economic Society, vol. 71(1), pages 101-131, February.
    7. Giuseppe Vita & Paolo Lorenzo Ferrara & Alessandra Patti, 2025. "Analysis of time duration of civil disputes in Italy: a case study with microdata from Sicilian courts," The Annals of Regional Science, Springer;Western Regional Science Association, vol. 74(1), pages 1-30, March.

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