Public Justice Private Dispute Resolution and Democracy

70 Pages Posted: 21 Jul 2008  

Trevor C. W. Farrow

York University - Osgoode Hall Law School

Date Written: July 21, 2008

Abstract

This paper is about the widespread and systematic privatization of the public civil justice system. In particular, it: (1) documents the move to privatize civil disputes across all aspects of the justice system (including courts, administrative tribunals and state-sanctioned arbitration regimes); (2) looks at some of the benefits and drawbacks of privatization, specifically including negative impacts on systems of democratic governance; and (3) identifies justice - rather than efficiency - as the primary benchmark by which civil justice reform initiatives should be judged.

Keywords: privatization, civil justice, administrative law, alternative dispute resolution, arbitration, democracy, efficiency, reform

JEL Classification: K23, K41

Suggested Citation

Farrow, Trevor C. W., Public Justice Private Dispute Resolution and Democracy (July 21, 2008). CLPE Research Paper No. 18/2008. Available at SSRN: https://ssrn.com/abstract=1167702 or http://dx.doi.org/10.2139/ssrn.1167702

Trevor C. W. Farrow (Contact Author)

York University - Osgoode Hall Law School ( email )

4700 Keele Street
Toronto, Ontario M3J 1P3
Canada

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