Learning Objective: Judicial policy involves the study of third important branch of a democratic government. The learning objective of this academic discipline is quite vast as it deals with numerous complex components of the entire administration of justice. Thus, this course is designed to educate the participants about the importance of effective, efficient, independent and impartial judiciary as an organization and its various courts at different levels. The students would understand that it is imperative to modernize court administration to ensure timely delivery of justice; the control of a judge over the life of the case from the stage of filing to disposition; it maintains rule of law; it protects the fundamental rights; and safeguard peace and security for social, economic and political development in an independents sovereign country. The participants would learn about the functioning of judiciary under different federating units of the states and under various systems of government. In view of the above, this course of judicial policy aims at the following; a) To develop critical thinking for understanding the main principles of judicial system and its evolutionary development; b) To analyze the National Judicial Policy of the apex court regarding the district and lower courts of Pakistan; c) To develop understanding of the organizational structure of judiciary in Pakistan; d) To analyze the principles and techniques of court case flow management system; (operation of courts) e) To understand the success of Pakistans First National Reform Project for court delay reduction and backlog of cases; and Course Outline Page 3
f) To develop and make recommendations to change the existing sluggish judicial system of Pakistan;
Learning Methodology: This course is designed to include lectures and active participation of students in the class that enables them to develop creative thinking which is an effective method of learning. In addition, this method is useful for organizing and developing the thoughts coherently and critically for understanding this course. The participants would be encouraged to raise questions and discuss them in the class; and with this, active participants can get up to 10% marks as an award in their grading system. The participants will focus on the assigned readings and lectures. The resource person will also give short essays, a week in advance, for reading so that the students can acquire some basic knowledge relating to the lecture, most importantly for participation in the class discussion. In addition to random, objective quiz tests, mid-term and final term subjective exams, the students are required to write ten pages research essay paper on the topic of their choice relating to this particular course. The resource person will explain the requirements, in terms of principles and techniques, for writing this research essay paper. . The participants would have the assigned reading and also would focus on lectures which may include information outside the assigned readings. Rules of exams and writing research papers are determined by UMT policy, this resource person will explain that to the participants in the class.
Grade Evaluation Criteria Following is the criteria for the distribution of marks to evaluate final grade in a semester. Class Participation 10 Marks Research Essay-10 pages 10 Marks Mid-term exam 30 Marks Quiz Test (Objective) 10 Marks Final Term Exam 40 Marks Course Outline Page 4
Total 100 Marks
Recommended Readings:
The resource person will provide reading material in the class on most of the topics of judicial policy. READINGS
Baar Carl, Criminal Court Delay and the Charter, The Canadian Bar Review, Toronto, 1993
Baum Lawrance, Lower Court Response to Supreme Court Decisions: Reconsidering a Negative Response, The Justice System, Denver, Colorado, 1978
Malik Nafeer Ahmad, The Constitution of the Islamic Republic of Pakistan, Irfan Law Book House, Lahore, 2012
Miller and Baar, Judicial Administration in Canada, Oxford University Press, Toronto, 1980
Eisen Berg and Handerson James R, What the Applete Courts Do? Justice System, State University of New York, 1993Maclaury Bruce K, Justice for all, The Brooking Institution, 1989
Solomon Peter H, Criminal Justice Policy from Research to Reforms, Buttrerworths, Toronto, 1982
Zuckerman A.A.S. and Cranston Rose, Reform of Civil Procedure, Clarendon Press, Oxford, 1995
Canadian Charter of Rights, Ministry of Attorney General, Constitutional requirement for disposal of Cases within Reasonable time, 1982s
This resource person will supply the reading material on some of the topics regarding the course of Judicial Policy. Course Outline Page 5
COURSE OUTLINES Week1. Meaning and importance of judiciary in a democratic system of government and its brief account of evolutionary development since 1500 BC;
Week2. Separation of powers between the judicial, executive and legislative branches of the government under 1972 and 1962 constitutions of Pakistan;
Week3. National and international justice systems with reference to Pakistan and International Court of Justice and International criminal court of Justiced;
Week4. The judicial system of Pakistan, organization of courts and their jurisdictions;
Week5. Adjudicative independence and administrative independence, the relation between these two interdependent variables;
Week6. Independent and Impartial Judicial system, to be discussed in the class through active participation;
Week7. Judicial reforms movement in various countries and the role of international donor institutions for funding the modernization of court management system;
Week8. Analysis of the sluggish judicial system of Pakistan and wrestling of judges with court case delay and backlog of cases, a discussion would be held in the class about causes of this decadent justice system;
Week9. Mid-term exam and quiz test
Week10. Court reforms in Pakistan under access to justice system project, analysis of this first national court delay reduction project;
Last week of submitting the research essay, Zero acceptance will apply for late essay.
Week11. The principles and techniques of developing efficient and effective case flow management for delivering timely justice or disposal of court cases without unwanted delay;
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Week12. The major weaknesses in legal studies in the law colleges in Pakistan and the bar councils and discussion includes recommendations for improvement;
Week13. 2009 Judicial policy of the apex court of Pakistan and its analysis in class discussion;
Week14. The analytical review of the present judicial system in terms of its effects on Pakistan and this would be followed by class discussion with the application of system approach;