IDEAS home Printed from https://ideas.repec.org/p/pid/kbrief/202259.html
   My bibliography  Save this paper

Justice: Not a Fundamental Right but a Neoclassical Economic Commodity?

Author

Listed:
  • Saddam Hussein

    (Pakistan Institute of Development Economics)

  • Anwar Shah

    (Quaid-i-Azam University, Islamabad)

Abstract

A society is composed of agents who are dependent on one another for their routine chores. The human species is unique, as it gauges actions among themselves based on morality and ethics. Hence, there exists a propensity for any individual to counter a dispute with another in society. Therefore, every individual in the society has the right to access to justice so that he or she can resolve disputes and get rid of the uncertainty factor for future transactions. For this reason, access to justice has been the corner stone of fundamental human rights in all the developed societies across the world. The Constitution of Pakistan is no different from others in that it indemnifies access to justice to all its residents without any discrimination of any kind. Two articles are worthy of special mention in this regard: � Article 4 and Article 10-A of the Constitution of Islamic Republic of Pakistan offer unequivocal details on the subject of how to ensure the provision of justice to citizens. Keeping in view the above-mentioned articles, it can be deduced that justice must be inexpensive and swift for every citizen of Pakistan.

Suggested Citation

  • Saddam Hussein & Anwar Shah, 2022. "Justice: Not a Fundamental Right but a Neoclassical Economic Commodity?," PIDE Knowledge Brief 2022:59, Pakistan Institute of Development Economics.
    • Handle: RePEc:pid:kbrief:2022:59
    as

    Download full text from publisher

    File URL: https://file.pide.org.pk/uploads/kb-059-justice-not-a-fundamental-right-but-a-neoclassical-economic-commodity.pdf
    File Function: First Version, 2022
    Download Restriction: no
    ---><---

    References listed on IDEAS

    as
    1. Shai Agmon, 2021. "Undercutting Justice – Why legal representation should not be allocated by the market," Politics, Philosophy & Economics, , vol. 20(1), pages 99-123, February.
    2. Dimitrova-Grajzl Valentina & Grajzl Peter & Zajc Katarina & Sustersic Janez, 2012. "Judicial Incentives and Performance at Lower Courts: Evidence from Slovenian Judge-Level Data," Review of Law & Economics, De Gruyter, vol. 8(1), pages 215-252, August.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Eugenia Nissi & Massimiliano Giacalone & Carlo Cusatelli, 2019. "The Efficiency of the Italian Judicial System: A Two Stage Data Envelopment Analysis Approach," Social Indicators Research: An International and Interdisciplinary Journal for Quality-of-Life Measurement, Springer, vol. 146(1), pages 395-407, November.
    2. Moral, Alfonso & Rosales, Virginia & Martín-Román, Ángel, 2021. "Professional vs. non-professional labour judges: their impact on the quality of judicial decisions," International Review of Law and Economics, Elsevier, vol. 65(C).
    3. Gustavo Ferro & Victoria Oubiña & Carlos A. Romero, 2019. "Benchmarking Labor Courts: an Efficiency Frontier Analysis," Asociación Argentina de Economía Política: Working Papers 4140, Asociación Argentina de Economía Política.
    4. Bielen, Samantha & Grajzl, Peter & Marneffe, Wim, 2017. "Procedural events, judge characteristics, and the timing of settlement," International Review of Law and Economics, Elsevier, vol. 52(C), pages 97-110.
    5. Peter Grajzl & Valentina Dimitrova-Grajzl & Katarina Zajc, 2016. "Inside post-socialist courts: the determinants of adjudicatory outcomes in Slovenian commercial disputes," European Journal of Law and Economics, Springer, vol. 41(1), pages 85-115, February.
    6. Caio Castelliano & Peter Grajzl & Tomas Aquino Guimaraes & Andre Alves, 2021. "Judicial enforcement and caseload: theory and evidence from Brazil," European Journal of Law and Economics, Springer, vol. 52(1), pages 137-168, August.
    7. Samantha Bielen & Wim Marneffe & Peter Grajzl & Valentina Dimitrova-Grajzl, 2018. "The Duration of Judicial Deliberation: Evidence from Belgium," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 174(2), pages 303-333, June.
    8. Melcarne, Alessandro & Ramello, Giovanni B. & Spruk, Rok, 2021. "Is justice delayed justice denied? An empirical approach," International Review of Law and Economics, Elsevier, vol. 65(C).
    9. Grajzl, Peter & Silwal, Shikha, 2020. "Multi-court judging and judicial productivity in a career judiciary: Evidence from Nepal," International Review of Law and Economics, Elsevier, vol. 61(C).
    10. Romain Espinosa & Claudine Desrieux & Hengrui Wan, 2017. "Fewer courts, less justice? Evidence from the 2008 French reform of labor courts," Post-Print halshs-01634211, HAL.
    11. Peter Grajzl, 2014. "Behind the Courts’ Walls: Empirical Insights from Slovenia," ifo DICE Report, ifo Institute - Leibniz Institute for Economic Research at the University of Munich, vol. 12(03), pages 39-44, October.
    12. Peter Grajzl & Shikha Silwal, 2020. "The functioning of courts in a developing economy: evidence from Nepal," European Journal of Law and Economics, Springer, vol. 49(1), pages 101-129, February.
    13. Dimitrova-Grajzl, Valentina & Grajzl, Peter & Slavov, Atanas & Zajc, Katarina, 2016. "Courts in a transition economy: Case disposition and the quantity–quality tradeoff in Bulgaria," Economic Systems, Elsevier, vol. 40(1), pages 18-38.
    14. Jan Fałkowski & Jacek Lewkowicz, 2022. "In practice or just on paper? Some insights on using alphabetical rule to assign judges to cases," European Journal of Law and Economics, Springer, vol. 54(3), pages 405-430, December.
    15. Siddhartha Bandyopadhyay & Bryan C McCannon, 2014. "Queuing Up For Justice: Elections and Case Backlogs," Discussion Papers 14-10, Department of Economics, University of Birmingham.
    16. Przemysław Banasik & Katarzyna Metelska-Szaniawska & Małgorzata Godlewska & Sylwia Morawska, 2022. "Determinants of judges’ career choices and productivity: a Polish case study," European Journal of Law and Economics, Springer, vol. 53(1), pages 81-107, February.
    17. Brock, J Michelle, 2017. "Self-worth versus net worth: Image motivation and the quantity-quality trade-off," CEPR Discussion Papers 12208, C.E.P.R. Discussion Papers.
    18. Samantha Bielen & Peter Grajzl & Wim Marneffe, 2017. "Understanding the Time to Court Case Resolution: A Competing Risks Analysis Using Belgian Data," CESifo Working Paper Series 6450, CESifo.
    19. Svetlana Avdasheva & Svetlana Golovanova & Elena Sidorova, 2022. "Does judicial effort matter for quality? Evidence from antitrust proceedings in Russian commercial courts," European Journal of Law and Economics, Springer, vol. 53(3), pages 425-450, June.
    20. Peter Grajzl, 2014. "Behind the Courts’ Walls: Empirical Insights from Slovenia," ifo DICE Report, ifo Institute - Leibniz Institute for Economic Research at the University of Munich, vol. 12(3), pages 39-44, October.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:pid:kbrief:2022:59. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Khurram Iqbal (email available below). General contact details of provider: https://edirc.repec.org/data/pideipk.html .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.