David Law’s excellent post (if you liked that, you should read his great article on Japan, employing a relatively new, interview-based strategy for studying comparative constitutional law, an article which Ran Hirschl also referenced) reminded me to draw attention to a new article on the spread of the jury trial around the world. The abstract is below:
Recent years have witnessed the widespread diffusion of the jury trial across the globe. Considered by many to be a foundational element of participatory democracy, nations as culturally and geographically diverse as Mexico, Kazakhstan, and Japan are currently in the process of adopting mechanisms for the lay adjudication of criminal cases. This Paper investigates the historical origins of the jury trial’s global spread, focusing particular attention on the recent example of South Korea. Situating its analysis within a comparative framework, the Paper pays particular attention to how the Korean system contrasts with those persisting in the United States and Western Europe.