Timeliness is necessary to the achievement of justice.
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1. Delay is a common failure of justice systems throughout history and in all places. 2. Delay is a feature of the architecture of justice systems and not a bug or symptom of dysfunction. 3. Delay has been a factor in the flight from the courts. 4. The costs of delay are understated, overlooked and subordinated to other justice values. 5. The calls for additional …
Continue reading Top 10 Lessons of Delay and Timeliness in Justice
Why do we tolerate the intolerable? The annals of laws around the world and for all recorded history identify delay as not only a defect of justice but also record the satisfaction of receiving justice even when it arrives not only late but too late. There is something in human nature that makes us yearn for vindication at whatever cost of time, stress and distraction? …
When did the first fishmonger call out, “Fish for Sale! Fresh Off the Boat!” The obvious value of freshness is still captured by dockside sales and fish markets notable for the absence of smell—for truly fresh fish don’t smell fishy. In this example the ability to communicate the value of freshness is straightforward: an ad hoc cardboard sign by the roadside will do. Similar examples …
Reba McEntire has a country-western song called “What You Gonna Do About Me?” It is one of the few popular songs which addresses divorce from the child’s perspective: one line asks “Is it Daddy on the weekend, Mama rest of the week? Will I have to make new friends, live on adifferent street?” Custody disputes can defy just resolution. They are often given a priority …
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Timeliness is integral to justice. Despite the necessary and ongoing debate about the ends of justice, there is common agreement that justice requires practical expression. Disraeli’s helpful definition of justice as truth in action includes an element of delivery.
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A criminal defence lawyer once observed waggishly that for many of his clients delayed justice…. Was justice. In civil cases it can often be inferred that there is an asymmetric approach to timeliness: often one of the parties would rather not see justice rendered expeditiously. For those few clients engaged regularly in the resolution of disputes timeliness carries very real costs and consequences which might …
Does delay affect different groups in substantially different ways? If so, should constitutional guarantees of trial within “a reasonable time” result in different standards for different groups? The Supreme Court of Canada, in R. v. K.J.M., 2019 SCC 55 answered yes to the first question, putting significant emphasis on the subjective and practical experience of delay on young offenders. However, it answered no to the second question …
Continue reading Delay Is A Terrible Thing. But It’s Not The Only Thing.
When is a case of delay simply an exception and when does it suggest something systemic and more troubling? In the history of debates over delay, extreme cases have often met with the observation they are rare. After all, most of us engaged daily in the system believe that our justice system strives towards timely justice. One can easily find examples of extreme cases in …
