Judicial Corruption Research Articles

The Challenges of the New York Convention and Potential Solutions

This paper analyzes the current challenges of the New York Convention and proposes potential solutions through the actual situation and public reporting. Central to these challenges is the over-dependence on the judicial systems of the target countries, which often results in inconsistent and unreliable enforcement of international arbitration awards. This analysis identifies several key issues impacting the Convention's effectiveness: the conservative attitude of some countries in the enforcement of international arbitration, judicial corruption, the imperfection of the judicial system, and the different enforcement procedures under various judicial systems. To address these impediments, the paper explores innovative solutions inspired by successful practices from other international legal frameworks. Notably, it examines the streamlined processes of the Madrid Agreement Concerning the International Registration of Marks and various bilateral legal assistance agreements. These models provide valuable insights into simplifying procedural complexities and enhancing the uniformity of legal processes. By integrating these practices, the paper proposes actionable strategies to mitigate the current limitations of the New York Convention, aiming to bolster its role as a foundational instrument in the global arbitration landscape.

Appointing of Judges According to the Islamic Fiqah, Romano-Germanic and Common Law Legal Systems

Among the most important factors that influence the freedom and independence of the judiciary is the method of recruiting and appointing judges and the methods appointing have been determined for them, and these methods are very different, but the understanding of these differences and the discovery of necessary reforms are very helpful in solving judicial corruption, which in the Islamic judicial system, qualified judges are usually appointed by the Caliph and sometimes appointed by the Caliph's representative. Also, in exceptional cases, they can be appointed by the senior judge, dominated person (rebellious Amir) and the infidel ruler, and their dismissal is also related to the Caliph, and the reason behind this is to preserve the independence of the judiciary and be free from any kind of pressure, coercion and illegitimate requests in their work and affairs, but in the in those law-system countries which are influenced by the common law, judges are usually appointed from among experienced lawyers. The position of a judge is considered a kind of reward because appointed person has done the job of a lawyer in the courts for a long time and has gained experience that is why they have this authority. But in Romano-Germanic law system, the judges are appointed from among the university students. The purpose of this applied and comparative study and writing is the selection and appointment of judges according to the Islamic jurisprudence, the system of selection and appointment of judges in the United States representing the Common Law, and the selection of judges in France representing the Romano-Germanic. This study and research use the bibliographic and descriptive method, where the freely appointment of judges by judicial in the law system of America and the method of appointment are the important discussions. In the federal system of the United States, according to the federal constitution, each state has special laws that accept and determine the general organization of forces and the conditions and methods of selecting judges based on their political and philosophical views. The judicial organization of one state will be different from the judicial organization of another state. Unlike the United States of America, judges in France are selected from among the students of high schools (universities). The difference is that the judges of the general courts are national Judiciary School students and judges of administrative courts are mainly selected and recruited from among senior expert students and also from general law students who have studied in the National Administrative school, and after theoretical and theoretical lessons, they complete their work-study stage in the French State Council, which then divides their employment with a large institution (Dewan of Accounts), which is led by the National Administrative Seminary. People with high marks in the exam are recruited to the French Council of State, who will then continue to work as judges in the courts.

Judicial Corruption in the Post-Reform Era: Assessing the Effectiveness of Legal Reforms in Indonesia

Judicial Corruption in the Post-Reform Era: Assessing the Effectiveness of Legal Reforms in Indonesia

Do the sector-orientation and the origin of foreign direct investment explain types of corruption in Sub-Saharan Africa?

This paper focuses on analysing the effects of sector orientation and the origin of FDI on the types of corruption. The GMM technique and the IV-2SLS on a panel of Sub-Saharan African countries were used. Globally, we find that FDI increases political corruption in SSA. Moreover, the study shows that sector orientation and the origin of FDI have significant effects on each type of corruption. Primary sector FDI enhances public sector corruption and reduces judicial corruption. Secondary sector FDI increases executive, public, and judicial corruption. In the tertiary sector, executive and public corruption are enhanced while judiciary corruption is reduced. Regarding the origin, FDI from France increases public sector corruption whereas FDI from China and the USA reduces it. Executive corruption is reduced by FDI, regardless of its origin. FDI from France and the USA discourages judiciary corruption while FDI from China increases it. FDI from China reduces legislative corruption, while FDI from the USA tends to increase it. Furthermore, the analysis of the transmission channels shows education and development levels as important channels through which FDI could reduce corruption in SSA. Relevant policy implications derived from this study include the necessity for policy-makers to combat all types of corruption and mostly public corruption.

Corruption-inequality relationship in Sub-Saharan Africa

This paper investigates the effect of corruption on income inequality in Sub-Saharan Africa (SSA) over the period 1996–2022. Applying a threshold model approach notably the Panel Smooth Transition Regression (PSTR), two major results emerge from this analysis. First, the results reveal a U-shaped relationship between corruption and income inequality, with a different inflection point depending on the type of corruption. Second, we obtained strong evidence that corruption significantly increases income inequality in Sub-Saharan Africa only if the level of corruption is above a certain threshold, otherwise the effect of corruption is not detrimental. Furthermore, the results indicate that judicial corruption has the most detrimental effect on income inequality, followed by executive and legislative corruption. The paper suggests that public authorities promote transparency and good governance. Also, allocating resources to improving the education and healthcare systems will also help reduce inequalities.

FINANCIAL DEVELOPMENT, JUDICIAL CORRUPTION, AND ECONOMIC GROWTH: EVIDENCE FROM NIGERIA

This paper assesses the impact of financial development, institutions, and judicial corruption, on economic growth as well as causality among the variables in Nigeria over the period of 1980 to 2016 using Autoregressive Distributed Lag (ARDL) Model and Granger Causality Test. The former takes care of both long-run and short-run dynamic effects of financial development, institutions, and judicial corruption as they affect economic growth while the latter captures the flow of causality among the variables. The ARDL Bound test result reveals existence of cointegration among the variables. The short-run result shows that judicial corruption is negatively and significantly related to economic growth while in the long-run, a positive but insignificant relationship exists. It also reveals that exchange institutions have significant negative relationship with economic growth. However, the results of Granger causality test showed that there is unidirectional causality running from judicial corruption to economic growth. In all, the study concludes that justice delayed is growth denied. The study therefore recommends that the institution of justice be reformed, civil litigations be discharged on time and judicial independence be restored accordingly. Keywords: financial development, Institutions, Judicial Corruption, Economic Growth, ARDL, Granger-Causality.

THE RIGHT TO A JUST REMEDY IN PRIVATE LAW—A RIGHT AND A HUMAN INSTINCT:AN ANALYSIS OF HOW GREED AND LAWLESSNESS REMOVES CONFIDENCE

This article explores the fundamental concept of justice and the right to a remedy in private law. Specifically, the question of whether the belief that justice will prevail is a spoiled concept to have, and only shared by populaces in places without corruption, rule of law issues, etc. The paper delves into the historical and global recognition of the rights of obligees, and scrutinizes the diminishing trust and conviction in justice, especially in jurisdictions plagued by corruption and weak rule of law. Bribery and corruption in judicial systems undermine access to remedies, particularly for the poor, and contribute to the erosion of faith in the judiciary. The analysis extends to non-state judiciaries, exploring the role of tribal courts in addressing private law matters in regions with challenges in formal legal systems. Ultimately, the paper contends that the instinct for justice is a timeless and universal human trait, inherent in the evolution of legal systems. While corruption and external influences can erode confidence, the desire for a just remedy remains engrained. Keywords: justice, corruption, judicial corruption, instinctive access to justice, sociology of remedies and their opinions, comparative legal systems

Technological interventions: a pathway to combatting judicial corruption

This study aims to find out whether corruption in the court can be prevented with Information Technology (IT). This research uses a qualitative descriptive approach where the main data source can be processed from relevant and current literature material with the theme of this article as secondary data. Information technology is the most influential factor in changing the world today. The administration of justice is an activity that includes the provision of information, communication, and production of new information. There is no denying that information technology will affect the way justice administration works. Corruption that often occurs in courts (judicial commissions) is in the form of petty corruption, namely administrative or bureaucratic corruption with a power approach, namely the exclusive power of decision makers. The results showed that optimal use of IT can support efforts to eradicate corruption in the court by using E-Court, paperless court, E-Filing, E-Skum, E-Payment, E-Summons applications. These various applications can prevent judicial corruption due to the application of transparency principles, efficiency principles such as cost savings, reduction of illegal levies, ease of information transfer, reduction of case broker practices, reduction of opportunities for corruption due to potential conflicts of interest and face. -face-to-face, reducing gratification and bribery which are the main requirements of smart governance so that efforts to eradicate judicial corruption can be effective.

Corruption as a factor in the delegitimization of justice

The article examines the phenomenon of judicial corruption as a factor that negatively affects the legitimacy of the judiciary, which is based on the public's trust in the court and judicial protection.
 It was established that the fight against corruption in the judiciary is a global trend, as evidenced by numerous international documents. They, in particular, emphasize the priority of eradicating judicial corruption, as it undermines the rule of law, which is the cornerstone of pluralistic democracy, calls into question equality before the law and the right to a fair trial, and undermines the legitimacy of all state authorities. Judicial corruption stands in the way of the stable functioning of the rule of law.
 It was noted that corruption discredits any power institution, and as for the judiciary, it destroys its basic value - a person's faith in the justice of the court, the justice of the court process and the court decision. It not only undermines trust in the judiciary, negatively affecting its authority. Judicial corruption causes social stratification, causing sharp negative reactions in society in relation to the professional community of judges.
 Based on the analysis of scientific sources, it was concluded that there are no unified approaches to the definition of judicial corruption or a standardized understanding of its manifestations. At the same time, according to the authors, the priority for research should be issues of praxeological direction: the causes of judicial corruption, its typical manifestations, consequences, measures of counteraction and struggle.
 In conclusion, it is stated that judicial corruption, characterized by the specificity and nature of a special danger for the stable functioning of the state, has many manifestations (bribery, extortion, nepotism, etc.) and reasons (structural, economic, political, social, personal). Therefore, all researchers are united in the issue of the need for a consistent and comprehensive policy of countering and fighting judicial corruption. All three key subjects must be involved in its implementation: the state, society and the judicial system, whose actions depend on the legitimacy of the judiciary in the state.

Challenges and Reforms in Pakistan's Narcotics Law: A Critical Analysis of the Control of Narcotics Substances Act 1997

This research article examines the complex and diverse obstacles encountered by narcotics law enforcement and justice in Pakistan, as governed by the Control of Narcotics Substances Act (CNSA) of 1997. The study highlights key concerns, such as elevated rates of acquittal, inefficiencies within the system, and a backlog of cases in drug courts, emphasizing the necessity for comprehensive reforms. Furthermore, the article emphasizes the significance of tackling judicial corruption, enhancing human rights organizations, and implementing sophisticated reforms in sentencing and punishment to attain a fairer administration of justice. The research highlights the significance of diverse resources, such as enhanced investigative tools and police training, augmented resources for prosecutors, and the utilization of technology in law enforcement. Furthermore, it promotes the implementation of community-based initiatives to deter drug abuse and addiction, while emphasizing the essential role of research in guiding successful approaches. The author also proposed solutions that seek to achieve a harmonious equilibrium between the enforcement of laws and the administration of justice, thereby ensuring a more effective, equitable, and responsible approach to narcotics cases.

Convicting Politicians for Corruption: The Politics of Criminal Accountability

AbstractWhy are politicians more likely to be prosecuted and convicted for corruption in some contexts rather than in others? Pulling together disparate threads of the literature on what we call the politics of criminal accountability, this review organizes current explanations along three levels of inquiry: (1) micro, encompassing characteristics of individual criminal-accountability agents and defendants, such as their partisanship and ideology, professional ethos, enforcement costs and judicial corruption; (2) meso, emphasizing the independence, capacities and coordination degrees of criminal-accountability institutions; and (3) macro, including the impact of political regimes, political competition, support from civil society, corruption levels and international norms. In doing so, we draw attention to methodological shortcomings and opportunities for research on the topic, providing a roadmap for this field of inquiry that also includes unexplored questions and tentative answers. Furthermore, we present new systematic data set that reveals a substantial increase in the conviction of former heads of government for corruption since 2000, underscoring the importance of the phenomenon and highlighting the need for further research into the politics of criminal accountability.

Justice Derailed: Navigating the Turbulent Waters of Pakistan’s Judiciary through the Ages

The judicial system in Pakistan has a rich historical evolution spanning over a millennium, including significant epochs like the Hindu era, Muslim period, British colonial rule, and post-independence developments. The objective of this paper is to understand the complexity and shortcomings that have defined Pakistan's legal system by comprehensive and critical analysis of the country's judicial history. With a focus on Pakistan's early years of independence, it sheds light on the difficulties to build judicial independence and a strong legal framework by delving into the historical growth of the judiciary and drawing inspiration from influential publications. The research methodology is multifaceted and combines legal analysis, historical research, and critical assessment to identify the underlying causes of the perceived shortcomings in Pakistan's judicial history. Using this historical basis, the study has critically examined the situation of the judiciary today, placing a strong emphasis on constitutional analysis to highlight the discrepancy between the goals of the constitution and their actual application. The research contributes to a more nuanced understanding of the difficulties facing the judiciary by identifying anomalies and flaws in the decision-making process through the examination of major cases. It calls a thorough examination given to sociological viewpoints, practical difficulties, judicial corruption, public opinion, and the function of technology. As a result, this paper offers a forward-looking viewpoint and lays the groundwork for upcoming conversations and initiatives targeted at changing Pakistan's legal system.

Does corruption starve Africa? The mitigating effect of political distribution of power

Corruption remains a major challenge to sustainable economic growth, good governance, peace, and stability in both developed and developing countries. However, in developing countries, and particularly in Africa, hunger is another big challenge to inclusive economic development. To date, no empirical study has examined the effects of different types of corruption on hunger. Using three types of corruption (executive, legislative, and judicial corruption dynamics) and a panel of 45 African countries, this study contributes to the literature on the effects of corruption by examining, as a first attempt, the impact of types of corruption on hunger. We address the weak time-variance of our main regressors by using the most recent sequential linear panel dynamic estimator. The results show that countries with higher levels of executive, legislative, and judicial corruption are associated with a higher level of hunger. Moreover, the results show that executive corruption is the most disastrous for hunger in Africa, followed by legislative corruption. Our results remain valid even after using alternative measures of the key variables (hunger and corruption) and after controlling for the dynamic endogeneity using the generalized method of moments. Further analysis provides strong evidence that the political distribution of power across social groups mitigates the effect of corruption on hunger.

Debunking the Myth of Nicaraguan Exceptionalism: Crime, Drugs and the Political Economy of Violence in a ‘Narco-state’

AbstractNicaragua is often held up as an exception within the Central American panorama of criminal violence, widely presented as the safest country in the region due to its particular revolutionary legacies, the (supposed) absence of transnational gangs and drug-trafficking organisations, and the National Police's representation as an efficient and professional force. This commentary proposes an alternative reading of Nicaragua's contemporary political economy of violence in order to reveal the profoundly misleading nature of this prevalent view. In particular, it highlights how Nicaragua is governed through a particular political ‘settlement’ underpinned by drug trafficking, police and judicial corruption, as well as ‘mafia state’ governance. These factors have coalesced to establish a highly efficient and engrained ‘narco-state’ whose undoing is unlikely in the short term.

Imperial Crisis Response and the Antiochene Magic and Treason Trials of 372 CE

The writings of Ammianus Marcellinus, Libanius, and John Chrysostom have enshrined the Antiochene treason and magic investigations conducted under Emperor Valens in 372 CE as a testament to the ruler’s excessive paranoia and poor relationship with the eastern metropolis. By reexamining these three authors’ allegations of judicial corruption and abusive policing during the trials, this article contends that Valens’s response to the crisis was leveraged with far more legality, moderation, and success than often discussed. The rigorous tactics implemented during the trials demonstrate Valens and his administration’s intent to counter potential sedition among Antioch’s citizenry with the full brunt of Roman law and military action. Comparisons with legal precedents reveal, however, that Valens’s administration balanced these stern deterrents with deference to the law and attempted to assuage Antiochene interests throughout the investigations. Antiochene lobbying efforts were also more impactful in mitigating the imperial response, as demonstrated by Chrysostom’s account of a public protest that successfully petitioned Valens to pardon one of the accused. This article concludes that this pardon and Valens’s application of moderated or commuted sentences throughout the trials indicate his efforts to maintain a constructive imperial-urban relationship with the Antiochene populace. This conclusion not only forces a reconsideration of Valens’s relationship with his de facto imperial capital throughout the trials but also indicates the dangers of relying too heavily on literary interpretations of Valens’s reign.

Power Relations and Judicial Corruption in the Islamic Republic of Iran, written by Mehdi Khosravi

Power Relations and Judicial Corruption in the Islamic Republic of Iran, written by Mehdi Khosravi

Judicial Corruption as a Violation of Professional Ethics

Purpose: The purpose of this study is to present some ethical issues facing the Indonesian judiciary by exploring the usefulness of judicial codes of ethics. The ethical crisis of judges occurred at a time when judicial independence was strong post the amendment of the 1945 Constitution. The judicial crises triggered uncertainty and pessimism about judicial accountability Theoretical framework: Legal literature states that fair, honest, and impartial legal processes cannot be separated from that of ​​an independent judiciary [Shugermann, 2010: 1061]. The independence and impartiality of the court as one of the ten minimum conditions for creating a constitutional society. Design/methodology/approach: In this study, the author conducted normative legal research. This method helps examine the juridical standards contained in laws and court decisions. Furthermore, library research was conducted to obtain data from primary, secondary, and tertiary legal materials. Findings: Despite the judiciary gaining strong independence following the amendments of the 1945 Constitution in 2001–2002, unfortunately, the judiciary suffers from an accountability crisis, as seen through the arrests of several judges for bribery. Research, Practical & Social implications: We hope that this research can bring awareness and increase adherence to the code of ethics of the judicial profession. Originality/value: It is hoped that the ideas and issues raised in this paper will help the judiciary recognize the importance of developing, maintaining, and, most importantly, honouring a code of ethics in keeping with the ethical obligations of the judicial office.

Implications of Public Trust Due to Weak Law Enforcement Morality

Law enforcement has a strategic role in determining the quality of law enforcement in a country. In Indonesia, the performance of law enforcers is often considered unsatisfactory. This public dissatisfaction is a sign of weak law enforcement in Indonesia. The law which is considered a way to seek justice for society gives a sense of injustice. One of the causes of weak law enforcement in Indonesia is the quality of law enforcement. The low level of morality results in a lack of professionalism and unwillingness to enforce law enforcement. This morality is also related to corruption by law enforcement officers (judicial corruption). Law enforcers who are supposed to enforce the law are involved in corrupt practices. This low mortality causes law enforcement in Indonesia to be weak. Law enforcement will be strong and respected if law enforcers act professionally, and honestly and apply the principles of good governance. One example of weak law enforcement fines for drivers who violate traffic rules. Not a few motorists who do not want to be tried in court and choose the "peaceful place" route. This has been happening for years so it has become an open secret. As a result, there is public distrust of law enforcement. If not resolved immediately, this public distrust can lead to vigilante action. People who don't trust law enforcement may prefer to solve problems with violence or their way. A legal expert Leon Duguit said that the law is a rule of public behavior that must be obeyed as a guarantee of the common interest, which if violated will lead to criticism as a reaction. Meanwhile, law enforcement is a system in which there is a government or state institution that acts in an organized manner to ensure justice and order by using instruments or tools of power.

JUDICIAL CORRUPTION, INSTITUTIONAL REFORM AND THE ELECTORAL PROCESS IN NIGERIA

Shortly after the collapse of the Berlin Wall and the demise of several African one-party regimes, leaders of a number of African countries began the process of reconstructing the postcolonial African state by embarking on policy and political reforms. This decision was informed by the fact that, since independence, many African countries have been wracked by political and economic crises that have prevented the state from pursuing the rapid growth and economic development needed to fight poverty and material deprivation on the continent. This study argues that while corruption has contributed largely to the development crises in post-independence Nigeria, the problem of judicial corruption is a major impediment to the attainment of sustainable electoral reform in Nigeria. The study substantiates this hypothesis by citing instances of corruption in the Election Petition Tribunals of the 2003 and 2007 general elections in Nigeria. It is submitted that corruption in the judiciary helps to undermine electoral reform by ensuring that the decisions of the Election Petition Tribunals are compromised and the mandate of the people is subverted. Suggestions are offered to reform of the Nigerian electoral process with a view to fighting corruption in the judiciary.

Definition of Terrorism and its impact on Criminal Justice System: A Critical Review

Evolution of legislation on terrorism can be traced back to 1971, when Mr. Zulfiqar Ali Bhutto felt threats to existence of Pakistan and his government. First ever law on terrorism; Suppression of Terrorist Activities (Special Courts) Act was introduced in 1975. It did not have any definition of the term terrorism, however. It was followed by few other laws promulgated from to time. 
 Terrorism in Pakistan had various manifestations that included sectarian, ethnic, religious and political. Decade of 1990 was marked by sectarian terrorism in Pakistan. Anti-Terrorism Act was promulgated in 1997 to curb terrorist activities. Terrorism was defined in any statute for the first time in history of Pakistan. The Act was amended many times till date. There are, however, few flaws in the definition of terrorism in ATA, 1997; which impact criminal justice system of Pakistan. Police misuses ATA and registers cases under this law to increase the gravity of the issues. It results in increase of work load on special courts, leading to delay in dispensation of justice. Prosecution is not independent, as it was envisaged to be. They do not have active role to play in the case; while at the time of registration of FIRs, during investigations and while bringing forth witnesses and forensic evidence before the courts. There is no regular and effective coordination between all three components of criminal justice system of Pakistan at top level. Due to faulty FIRs, in absence of witnesses, because of faulty investigation and sometimes judicial corruption; the courts dismiss the cases. Mostly the nominated culprits are released on the orders of the courts. In this scenario, there is dire need to amend the definition of terrorism in ATA, 1997. The same has been desired by the apex court of the country as well, in its landmark judgment of October 2019.