Naslov
Roots of the Resistance to the Change in the Supreme Court`s Role

Autori
Bratković, Marko

Vrsta, podvrsta i kategorija rada
Radovi u zbornicima skupova, cjeloviti rad (in extenso), znanstveni

Izvornik
Transformation of Civil Justice: Unity and Diversity. Ius Gentium: Comparative Perspectives on Law and Justice, vol 70. / Uzelac, Alan ; van Rhee, Cornelis Hendrik (Remco) - Cham : Springer, 2018, 333-348

ISBN
978-3-319-97357-9

Skup
Conference on Transformation of Civil Justice: Unity and Diversity

Mjesto i datum
Dubrovnik, Hrvatska, 28.05.2017. - 02.06.2017

Vrsta sudjelovanja
Predavanje

Vrsta recenzije
Međunarodna recenzija

Ključne riječi
Supreme Court, public role, Croatia

Sažetak
In recent years, a paradigm shift in the supreme court’s role from a private to a public purpose has been recognised in many jurisdictions. Due to growing backlogs at supreme courts in many countries, the private purpose of the just and correct resolution of every individual case has given place to a public purpose consisting in safeguarding and promoting the public interest of ensuring uniformity of case law, the development of the law, and offering guidance to lower courts. However, this paradigm shift has met with considerable criticism from a large part of the legal community. It has been argued that litigants will become exposed to judicial arbitrariness and that more restrictive access to the supreme court means less protection of equality before the law. In order to explore the possible roots of the resistance to the change in the supreme court’s role, Faulkner’s polyperspective technique of narration used in the novel The Sound and the Fury might be of some help. The retelling of more or less the same story from the perspective of the individual party, the attorney-at-law, the supreme court and the constitutional court reveals that in favouring the public interest of uniform application of the law some particular interests of all involved have to be suppressed, and the broader picture taken into account.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA