Justice Reform Initiatives ~ Early Solutions, Faster Justice

Key Concepts in Justice Reform

Proportionality

The principle of proportionality is based on the idea that the amount of process involved for any legal case should be proportionate to the value, complexity and importance of that case. Traditionally, the process available for all cases is the same. This results in significant barriers to using the justice system.

Many jurisdictions have adopted the idea that it would be less complex, time-consuming and expensive if the extensiveness of legal procedures matched the magnitude of the dispute.

Proportionality applies to both the amount of procedure available to parties and the amount of judicial management and resources the court devotes to a case. Proportionality increases access to justice by making the system affordable and targeting public resources to where they are most needed.

For more information on proportionality:

• Effective and Affordable Civil Justice, Civil Justice Reform Working Group Report: Proportionality [PDF]
• Proportionality: A More Effective Tool [PDF]
• Access to Justice, Final Report, England, 1996