Lawful Judge and Efficiency in Case Assignment

Resumo

This paper explores the concept of the “natural judge” or “lawful judge” as a constitutional principle and its impact on efficient case assignment within the judiciary. Drawing on the German constitutional framework, the author examines how the principle requires that not only the competent court but also the specific judge be predetermined for any lawsuit at the time of filing, minimizing discretion in case assignment. The paper traces historical developments, highlighting how recent global challenges to judicial independence have reinforced the importance of this principle. The author analyzes the tension between the natural judge concept and efficiency in judicial administration, proposing solutions that achieve “practical concordance” between these competing interests. The paper concludes that the principle of the natural judge remains vital for maintaining public trust in the judiciary and protecting against both external and internal threats to judicial independence, while demonstrating that this principle can be upheld without sacrificing efficiency through specialized courts and well-designed case assignment plans.