Change for Aptness: Fighting Flaws in the Federal Supreme Court Cassation Division

Abstract

The Federal Supreme Court Cassation Division is established with a view toguarding the legislature's purpose and intent. However, at times, the Divisiondeviates from what the law says and the law-maker intends even to the extent oftwisting a clear provision of the law. This can be due to several reasons. Thisarticle articulates that in order to fight such flaws in the Cassation Division, it isimportant to constitute the Division into specialized divisions, employ legalassistants for each specialized Division, appoint an advisory board forspecialized divisions, awakening the Judicial Administration Council andconducting detailed studies on the overall performance of the Division.