Efficiency and Values in the Constitution of Civil Procedure

“Efficiency and Values in the Constitution of Civil Procedure” (2014) 4 International Journal of Procedural Law 202 (with C. Camion).

16 Pages Posted: 15 Mar 2017 Last revised: 22 Mar 2017

See all articles by Fabien Gelinas

Fabien Gelinas

McGill University

Clément Camion

Cyberjustice Laboratory; Private Justice and the Rule of Law research team

Date Written: March 11, 2014

Abstract

In this paper, the authors identify important gaps in the literature on civil procedure reform and suggest avenues for further research. Taking a critical look at the consensus that prevails across jurisdictions regarding the need to reform civil procedure, the authors insist on putting efficiency in perspective and on acknowledging the relative lack of reliable data on which to ground proposed changes to civil procedure in the United Kingdom, the United States, and Canada. The methodological challenges posed by data collection may be overcome by considering converging procedural practices as well as harmonisation endeavours such as the ALI/UNIDROIT Principles of Transnational Civil Procedure. In addition, certain theoretical assumptions may be fleshed out through the exercise of classifying the fundamental values of justice underlying procedural arrangements across jurisdictions.

Suggested Citation

Gelinas, Fabien and Camion, Clément, Efficiency and Values in the Constitution of Civil Procedure (March 11, 2014). “Efficiency and Values in the Constitution of Civil Procedure” (2014) 4 International Journal of Procedural Law 202 (with C. Camion)., Available at SSRN: https://ssrn.com/abstract=2931528 or http://dx.doi.org/10.2139/ssrn.2931528

Fabien Gelinas (Contact Author)

McGill University ( email )

3644 Peel Street
Montreal, Quebec H3A1W9
Canada

Clément Camion

Cyberjustice Laboratory ( email )

3644 Peel Street
Montreal H3A 1W9, Quebec H3A 1W9
Canada

HOME PAGE: http://site.cyberjustice.ca/en

Private Justice and the Rule of Law research team ( email )

3644 Peel Street
Montreal H3A 1W9, Quebec H3A 1W9
Canada

HOME PAGE: http://site.cyberjustice.ca/en

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