4.
The kind of points the Government Secretariat can properly
put to the Judiciary are these: "We fully accept the principle of
independence and the importance of providing sufficient resources to
enable the Judiciary to dispose of cases within reasonable times. But
are you sure the listing systems are as good as they can be? Is the
listing firm enough? What is the average length of your judgė-day?
Cannot more be done to reduce poor preparation and estimating and the
consequential loss of judicial time?
What are your systems for
If it can then be shown in
ensuring the optimum use of resources?"
answer that the systems are sound and reasonably well applied, that
they aim at an average appropriate use of judicial time, that whatever
average is being attained is, for express reasons, the best that be
achieved and that cther possible methods are not practical the
Judiciary is well on the way to making out a. case for either
maintaining or enlarging the establishment. Deeper questions will
sometimes arise: "Need such-and-such a piece of work be done at all?
If so should the Judiciary or someone else be doing it?" These would
need consideration outside as well as inside the Judiciary.
5.
•
The Government, on behalf of the Legislature and the
taxpayer, is as obliged to look for value for money in the Judiciary as
elsewhere. The corollary is that the Judiciary can very much more
easily satisfy the Government if it uses sound systems for assessing
needs and for maximising the use of resources.
And where the
Judiciary's judgment is that it ought to insist against opposition on
an increase it will be on much firmer ground if it uses such systems.
In my own experience the importance of that aspect can be crucial.
Sound resource management far from making a judiciary vulnerable gives
it a strong negotiating base.
6.
This suggested programme for obtaining resources indicates
the principles to be followed in obtaining judicial manpower for all
courts and tribunals :-
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