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This report examines why, given the increasing resources allocated to the judiciary, there seem to have been only modest improvements in judicial performance. It lifts the veil on the conflicting opinions on the reasons for slow progress on performance and efficiency by analyzing the institutional environment within which the judiciary functions and the key incentives propelling the policy stances and actions of major institutional actors.

Based on the analysis in the report and examples of indicators, it would be feasible for the judiciary to agree on a set of core indicators to track progress on judicial performance and efficiency. A mix of indicators is suggested, comprising (a) indicators internal to each of the three elements of the judiciary and those external to them, and (b) indicators for the system as a whole and also those focusing on individual courts. Other indicators that track system conditions would also form part of the indicator set. All of these are supply-side indicators as they focus on the supply of judicial services. It would be desirable to complement the supply-side indicators with a set of demand-based indicators, such as those in Table 1 at system and individual court levels. This set could also include additional survey-based indicators on the efficacy of legal aid and user-provided feedback on issues such as access to, quality of and satisfaction with judicial services.

collective

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