The Pros and Cons of Judicial Specialization

Abstract

At a time when the search for efficiency is the constant trend of judicial reforms, the establishment of specialized courts could be a viable strategy. Specialized courts means courts equipped with judges who can boast special knowledge and expertise in a specific area of law; and sometimes it also means procedural patterns other than the ones according to which ordinary cases are decided. These features seem particularly appropriate to handle a variety of new cases arising out of novel statutes regulating topics of unprecedented complexity. In fact, judicial specialization is seen as something that can both increase efficiency in the disposition of cases and, at the same time, guarantee high-quality decision-making and uniformity of case law; yet, even specialized courts have their ‘dark side’. In particular, one drawback must be emphasized: the establishment of specialized courts can foster the idea of an elitist access to justice that benefits solely selected cases and therefore selected litigants only. This chapter attempts to offer a bird’s-eye view of the pros and cons of judicial specialization, avoiding any ultimate conclusions, since conclusions may vary according to the legal system under investigation.