Non-Traditional Judicial Means to Ensure the Administration's Compliance with Judicial Rulings
Keywords:
- judicial enforcement - administrative compliance - non-traditional mechanisms - coercive measures - financial measures - judicial advisory.Abstract
Abstract: Ensuring the enforcement of judicial decisions is a cornerstone of the rule of law and reflects the administration's commitment to justice and fairness. However, instances of administrative reluctance or refusal to execute court rulings necessitate the application of non-traditional judicial mechanisms. This study explores three primary approaches adopted by the judiciary to address such challenges: amicable, coercive, and financial measures.
The amicable measures focus on encouraging compliance without resorting to force. These include judicial notifications, where courts formally remind the administration of its obligations, and advisory assistance, offering legal guidance on proper execution methods.
The coercive measures involve direct judicial orders mandating the administration to fulfill its obligations under specific terms, ensuring immediate compliance.
The financial measures are designed to exert financial pressure on non-compliant administrations. These include imposing threat-based fines to penalize delays and enforcing financial asset freezes to compel adherence to judicial rulings.
This study concludes that non-traditional judicial mechanisms are essential tools for bridging the gap between judicial decisions and their implementation by the administration. The analysis highlights the need for continuous refinement of these measures to enhance their efficiency and uphold the principles of justice and the rule of law.
© 2023 TUJR, College of Law, Tikrit University
