NCJ Number
118870
Journal
Justice System Journal Volume: 13 Issue: 2 Dated: (1988-89) Pages: 168-185
Date Published
1989
Length
18 pages
Annotation
Beginning in the 1970's, fueled in part by concerns over the way trials are conducted and the scarcity of resources in Italian justice, the old bureaucratic framework of civil justice has been challenged by changes in substantive law as well as in judicial career patterns.
Abstract
New rights claiming judicial attention have produced several judicial roles. One judicial role is that of guardian of due process. The crisis of this role, however, is caused by the many statutes that require an active, nontraditional judge to complete their meaning and implement them. A second role for the civil judge, sometimes termed "new guarantee," involves both substantive and procedural protection of "new rights." The third judicial role in Italian civil justice is that of policymaking that tries, through judicial decisions, to provide general answers to social and political problems. Proposals to improve the civil justice system will require a choice between the goals of due process and efficiency. The problem of choosing between these often incompatible goals becomes even more evident in the context of new forms of private dispute resolution, notably arbitration. 53 references.