The International Framework for Court Excellence and Therapeutic Jurisprudence: Creating Excellent Courts and Enhancing Wellbeing

25 Journal of Judicial Administration 148 (2016)

Arizona Legal Studies Discussion Paper No. 16-14

20 Pages Posted: 19 May 2016

See all articles by Elizabeth Richardson

Elizabeth Richardson

Monash University - Faculty of Law

Pauline Spencer

Magistrates' Court of Victoria

David B. Wexler

University of Puerto Rico - School of Law; University of Arizona James E. Rogers College of Law

Date Written: May 19, 2016

Abstract

There is a growing emphasis on the role of justice systems to improve the wellbeing of the individuals and the communities that justice systems serve. This has been the argument of therapeutic jurisprudence scholars for decades and has recently been recognized by the Productivity Commission in Australia in 2014 in its report Access to Justice Arrangements. This article discusses two important, but previously unrelated, tools that enable courts and tribunals to achieve this objective by improving the quality of justice and enhancing the wellbeing of individuals and communities in which those courts and tribunals operate: the International Framework for Court Excellence (IFCE or the Framework) and therapeutic jurisprudence (TJ). The IFCE, a quality management system for courts and tribunals, and TJ, an interdisciplinary discourse on the therapeutic and anti-therapeutic of the law and legal processes, are both aimed at improving the quality of justice. This article provides an outline of the Framework and TJ: the principles and the methodologies that each entails and the various types of innovation and reform that have arisen through their application. The way the two should work together is considered and it is suggested that there are benefits to be gained for courts and tribunals by incorporating principles of TJ into the Framework and by using the Framework to assess TJ reforms.

Keywords: therapeutic jurisprudence, TJ, International Framework for Court Excellence, access to justice, procedural justice, judicial self-assessment

Suggested Citation

Richardson, Elizabeth and Spencer, Pauline and Wexler, David B., The International Framework for Court Excellence and Therapeutic Jurisprudence: Creating Excellent Courts and Enhancing Wellbeing (May 19, 2016). 25 Journal of Judicial Administration 148 (2016); Arizona Legal Studies Discussion Paper No. 16-14. Available at SSRN: https://ssrn.com/abstract=2782162

Elizabeth Richardson

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

Pauline Spencer

Magistrates' Court of Victoria ( email )

Victoria
Australia

David B. Wexler (Contact Author)

University of Puerto Rico - School of Law ( email )

PO Box 23349
San Juan.PR, AZ 00931
Puerto Rico
787-565-1625 (Phone)

HOME PAGE: https://law.arizona.edu/david-b-wexler

University of Arizona James E. Rogers College of Law

P.O. Box 210176
Tucson, AZ 85721-0176
United States
787-565-1625 (Phone)

HOME PAGE: https://law.arizona.edu/david-b-wexler

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