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
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.
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