Digitalising Courts in Asia

Exploring the Mechanics of Judicial Transformations

Edited by Siddharth Peter de Souza, Julia Wellhausen

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Can the digitalisation of courts be more people centric?

  • Draws from judges, academics and practitioners across Asia who have key experiences and expertise in addressing the complexity of digitalisation as a socio-technical process
  • Investigates the establishment of e-courts, the usefulness of case management technologies and use of artificial intelligence in judiciaries through rich case studies
  • Offers practical pathways as well as critical reflections which bridge theory and practice by exploring ways in which technology can be an enabler to improve judicial efficiency while at the same time can have serious implications for human rights

Across Asia, courts are taking a variety of approaches to digital transformations. This book documents the diversity and complexity of the ways in which judiciaries are seeing the promise, as well as the perils, of digital transformations.

Through in-depth case studies, the book brings together contributions from those with experience in the administration of technology in courts itself to those who are actively finding ways to develop technology as a tool for adjudication. It also includes reflections from those who are challenging the effects of technology in terms of court processes and arguing for the need for care and caution to ensure digital justice. The pieces take the form of institutional, policy, empirical studies that each analyse the non-linearity of digital transformations. In doing so, they offer practical pathways, as well as critical reflections, which bridge theory and practice, and highlight the uniqueness of Asia as a location for innovation, as well as critical reflection around the digital transformations of courts.

List of Figures and Illustrations
Notes on Editors and Contributors
Acknowledgments


1. Digitalising Courts: Leaving No One Behind Siddharth Peter de Souza and Julia Wellhausen

Part I: Administering Technology

2. Administering Technology: The Implementation of Court Technology in the Indonesian Constitutional Court
Pan Mohamad Faiz

3, Transformation through Technology: ICT Initiatives in the Odisha Judiciary
S. Muralidhar

4. Access to Justice and Digitalisation of Courts in South Korea
Nam-Chul Chung

5. Digital Transformation of the Philippine Judiciary for the Filipino People
Ingrid Rosalie L. Gorre

6. JIN ASEAN: Empowering Judiciaries to Protect People’s Rights in the Design of Court Technologies
Diana Torres, Tomas Kvedaras & Sarah McCoubrey

Part II: Adjudicating Technology

7. The Division of Adjudicative Tasks in the Age of AI Adjudication in Thailand
Kraiphol Aranyarat

8. The Past, Present and Future of Technology on Sentencing in Taiwan—Some Constitutional Reflections
Yi-Yi Lee

9. AI and Criminal Sentencing in China: Applications, Misgivings and Prospects
Xiaohan Liang

Part III: Challenging Technology

10. The Routinization and Depersonalization of Justice
Jane Loo and Mark Findlay

11. The Lengthening Shadow of the Legal Tech Market on the Supreme Court of India
Varsha Aithala and Siddharth Peter de Souza

12. A Case of Digital Rights Discourse and Advocacy within Nepali Judiciary
Rita Baramu

13. Lessons from Pakistan’s Judicial Techno-Solutionism
Aimen Taimur

14. Digital Rights in Southeast Asia: Civil Society’s Legal Tactics and Courts’ Roles
Letitia Visan and Emilie Palamy Pradichit

This book is a welcome addition to the body of literature on the digital transformation of the public sector in Asia. Its authors offer deep dives into the processes and implications of digitalising justice, providing an important array of practices and perspectives from the Majority World.
Jun-E Tan, Khazanah Research Institute
Debates about using technology in the legal domain are often abstract and decontextualized. This volume brings together jurists from diverse jurisdictions to reflect on how technology is reshaping the realities and discourses of legal practice in Asia. It will be a valuable resource for those seeking a grounded understanding of the promises and pains of enlisting technology to enhance the administration of justice.
Benjamin Chen, The University of Hong Kong
Siddharth Peter de Souza is an Assistant Professor at the Centre for Interdisciplinary Methodologies, University of Warwick, UK, and Founder of Justice Adda, a law and design social venture in India.

Julia Wellhausen is a civil and criminal law judge (appointed in 2005 and 2010) and (first) public prosecutor (appointed in 2008 and 2017) by the Bavarian Minister of Justice.

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