Justice and Court Administrations, their Workings and Efficiency in Switzerland: Aspects of Sentencing and its Outcome in Swiss Cantons

Abstract

Federal States, their administration of justice and their justice administrations, are characterized by differences in organizational settings, deficiencies in policy implementation, variations of policy outcomes as well as a dearth of information. Defendants of federal States claim that these well-known negative aspects of federalism are – largely – outbalanced by the speedier processes, efficacy and the efficiency of its largely autonomous units. In the field of the administration of justice, especially in penal justice and correctional programs, federalism must however also be considered with regard to the respect of principles of equal treatment, of equality before the law, of the state of law, all presumably protected by the Constitution.