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Posted on January 1th, 2011 by Admin

Since many a country with a transitional political and economic system continues treating its constitution as an abstract legal document disengaged from the economic policy of the state, practice of judicial review of economic acts of executive and legislative branches became to grow. Valery Zorkin stressed that "the «separation of powers» principle, also proclaimed in the Constitution of the Russian Federation, requires observance of judicial independence. And such independence requires proper funding of the courts and their activities. It is well known that Russian courts remain under funded. However, the cumulative economic costs suffered by both state and private enterprises as the result of under performance by various judicial institutions, especially by the courts of general jurisdiction and the arbitration courts, is at least twice the order of magnitude as the financial burden carried by the state and society in financing such judicial institutions. The elimination of under funding of the courts would definitely improve the efficiency of their work and be worthwhile. Lawyers refer to ‘the rule of law’ because a society which is governed without law leaves ordinary people at the mercy of the arbitrary abuse of power by those who are simply powerful. In some countries the rule of law is absent – think of Cambodia during the rule of Pol Pot and the Khmer Rouge, for example – and when that happens, life is very difficult for ordinary people who have no way of protecting themselves from the powerful. In societies where the rule of law exists, people may even be relatively unaware of it, because their life is not interfered with by corruption and abuse of power. Australia is a country where the rule of law mostly exists, and although its legal system is not perfect in every respect, it does restrain unfettered power in many respects. Lawyers can use the law to hold governments accountable.

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Posted on January 1st, 2011 by Admin

Judicial reform is often done as a part of wider reform of the country's political system or a legal reform.

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“ Legal reform can be the «driver» for all other reforms, including reform of the economy. ”