Abstract

Access to justice has become an important issue in many justice systems around the world. Increasingly, technology is seen as a potential facilitator of access to justice, particularly in terms of improving justice sector efficiency. The international diffusion of information systems (IS) within the justice sector raises the important question of how to insure quality performance. The IS literature has stressed a set of general design principles for the implementation of complex information technology systems that have also been applied to these systems in the justice sector. However, an emerging e-justice literature emphasizes the significance of unique law and technology concerns that are especially relevant to implementing and evaluating information technology systems in the justice sector specifically. Moreover, there is growing recognition that both principles relating to the design of information technology systems themselves (“system design principles”), as well as to designing and managing the processes by which systems are created and implemented (“design management principles”) can be critical to positive outcomes. This paper uses six e-justice system examples to illustrate and elaborate upon the system design and design management principles in a manner intended to assist an interdisciplinary legal audience to better understand how these principles might impact upon a system’s ability to improve access to justice: three European examples (Italian Trial Online; English and Welsh Money Claim Online; the trans-border European Union e-CODEX) and three Canadian examples (Ontario’s Integrated Justice Project (IJP), Ontario’s Court Information Management System (CIMS), and British Columbia’s eCourt project).

Highlights

  • Those responsible for administering justice systems in many parts of the world are increasingly turning toward digitization and technological solutions, often with the goal of improving the efficiency and accessibility of justice [1,2,3,4,5,6]

  • We examine several e-justice initiatives in the EU and Canada with the objectives of illustrating and elaborating upon system design and design management principles in a manner intended to assist an interdisciplinary legal audience to better understand how these principles may affect a system’s ability to improve access to justice

  • Our analysis focuses on the European Payment Order (EPO) use case both because it is the first piloted e-Justice Communication via Online Data Exchange (e-CODEX)

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Summary

Introduction

Those responsible for administering justice systems in many parts of the world are increasingly turning toward digitization and technological solutions, often with the goal of improving the efficiency and accessibility of justice [1,2,3,4,5,6]. Our examples assist in illustrating some of the impacts of the system design and design management principles from the existing IS and e-justice literature, and highlight three areas that may be especially important in terms of facilitating access to justice through technological systems, the first of which has not previously been emphasized in the literature: (i) complexity, cost, decentralized systems and the unavailability of paper-based alternatives can lead to differential diffusion and impacts among citizens and impede realization of the justice value of equality of access; (ii) nimble, anticipatory forms of adaptation of legal norms, such as issuance of jargon-free practice directions made available in multiple languages, may better facilitate equitable diffusion and adoption of e-justice initiatives, as well as opportunities for communication and collaboration between key justice sector stakeholders; and (iii) iterative design processes can foster ongoing involvement of and collaboration with key justice sector stakeholders ( judges) that can materially affect the design and implementation of e-justice initiatives

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