Rechters zonder toga - Een garantie voor een rechtvaardige procedure? | Amsterdam University Press Journals Online
Volume 86, Issue 3
  • ISSN: 0025-9454
  • E-ISSN: 1876-2816


Judges without a robe: a guarantee for justice?.

The Theory of Procedural Justice includes a number of elements that are related to satisfaction with procedures and authorities. This article discusses this theory with respect to the administration of justice. Two elements are derived from this theory: ‘processing of information’ and ‘participation’. The article attempts to answer the question as to how far the Dutch criminal justice system and that of a number of other European countries operate in accordance to these two elements. The elements are explored with help of empirical research into the accessibility of trials and participation of lay people in the administration of justice. Findings show that the Dutch criminal procedure is less in accordance with the two elements than the procedures in a number of other European countries. Dutch judges and the public attach greater importance to independence of the court than to participation of lay persons. Drawbacks of this situation and dangers for legitimacy are discussed.


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  • Article Type: Research Article
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