Access To Justice

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Access To Justice And Legal Aid

Author : Asher Flynn
ISBN : 9781509900862
Genre : Law
File Size : 48.1 MB
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This book considers how access to justice is affected by restrictions to legal aid budgets and increasingly prescriptive service guidelines. As common law jurisdictions, England and Wales and Australia, share similar ideals, policies and practices, but they differ in aspects of their legal and political culture, in the nature of the communities they serve and in their approaches to providing access to justice. These jurisdictions thus provide us with different perspectives on what constitutes justice and how we might seek to overcome the burgeoning crisis in unmet legal need. The book fills an important gap in existing scholarship as the first to bring together new empirical and theoretical knowledge examining different responses to legal aid crises both in the domestic and comparative contexts, across criminal, civil and family law. It achieves this by examining the broader social, political, legal, health and welfare impacts of legal aid cuts and prescriptive service guidelines. Across both jurisdictions, this work suggests that it is the most vulnerable groups who lose out in the way the law now operates in the twenty-first century. This book is essential reading for academics, students, practitioners and policymakers interested in criminal and civil justice, access to justice, the provision of legal assistance and legal aid.
Category: Law

Access To Justice

Author : Ellie Palmer
ISBN : 9781849469340
Genre : Law
File Size : 50.20 MB
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Building on a series of ESRC funded seminars, this edited collection of expert papers by academics and practitioners is concerned with access to civil and administrative justice in constitutional democracies, where, for the past decade governments have reassessed their priorities for funding legal services: embracing 'new technologies' that reconfigure the delivery and very concept of legal services; cutting legal aid budgets; and introducing putative cost-cutting measures for the administration of courts, tribunals and established systems for the delivery of legal advice and assistance. Without underplaying the future potential of technological innovation, or the need for a fair and rational system for the prioritisation and funding of legal services, the book questions whether the absolutist approach to the dictates of austerity and the promise of new technologies that have driven the Coalition Government's policy, can be squared with obligations to protect the fundamental right of access to justice, in the unwritten constitution of the United Kingdom.
Category: Law

Access To Justice And International Organizations

Author : Pierre Schmitt
ISBN : 9781786432896
Genre : Law
File Size : 47.22 MB
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Recent examples such as the cholera outbreak in Haiti demonstrate that individual victims of human rights violations by international organizations are frequently left in the cold. Following an examination of the human rights obligations of international organizations, this book scrutinizes their dispute settlement mechanisms as well as the conflict between their immunities and the right of access to justice before national jurisdictions. It concludes with normative proposals addressed both to international organizations and to national judges confronted with such cases.
Category: Law

Middle Income Access To Justice

Author : M. J. Trebilcock
ISBN : 9781442612686
Genre : Law
File Size : 24.82 MB
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Featuring contributions by leading Canadian and international scholars, practitioners, and members of the judiciary, this multidisciplinary collection draws on scholarship in the fields of law, social science, and public policy. There is a particular emphasis on family law, consumer law, and employment law, as these are the areas where research has indicated that unmet legal needs are highest.
Category: Law

Access To Justice

Author : Sir Harry Woolf
ISBN : 0113800991
Genre : Law
File Size : 69.28 MB
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Access to Justice
Category: Law

Access To Justice

Author : Australia. Access to Justice Advisory Committee
ISBN : 0642202966
Genre : Courts
File Size : 72.22 MB
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Category: Courts

Access To Justice

Author : Rebecca L. Sanderfur
ISBN : 9781848552425
Genre : Social Science
File Size : 40.17 MB
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Around the world, access to justice enjoys an energetic and passionate resurgence as an object both of scholarly inquiry and political contest, as both a social movement and a value commitment motivating study and action. This work evidences a deeper engagement with social theory than past generations of scholarship.
Category: Social Science

European Consumer Access To Justice Revisited

Author : Stefan Wrbka
ISBN : 9781107072374
Genre : Law
File Size : 22.60 MB
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What is European consumer access to justice, and how can we improve it by means of procedural and substantive laws?
Category: Law

Access To Justice For A New Century

Author : Law Society of Upper Canada
ISBN : 0887594158
Genre : Aide juridique
File Size : 27.51 MB
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This book is a timely addition to the literature on access to justice. The book's essays address all aspects of the topic, including differing views on the meaning of access to justice; ways to improve access to legal services; litigation and its role in achieving social justice; and the roles of lawyers, citizens, and legal insitutions. Access to Justice for a New Century is based on papers given at an international symposium presented by the Law Society of Upper Canada, sponsored by the Law Foundation of Ontario.
Category: Aide juridique

Access To Justice On The Outskirts Of Hope

Author : Geoffrey A Schoos Esq
ISBN : 9798654577542
Genre :
File Size : 69.4 MB
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Combining the disciplines of economics, public policy development, political science and philosophy, history, and law this book comprehensively shows how the poor and near poor are denied justice in a variety of legal disputes. Unlike those indigent parties in a criminal actions, indigent civil litigants are not entitled, save for very narrow circumstances, to appointed counsel.These unrepresented indigent civil parties are left vulnerable to vagaries of the civil justice system, not only is their poverty unwittingly used against them, not only are bad judicial outcomes reached, but the very legitimacy of the rule of law and democracy are threatened.This book also details the struggles and successes that one non-profit legal services organization had serving indigent clients, and the causes of its ultimate demise.Well researched and told through the prism of the founder of a legal services organization, this book describes what is wrong with the legal system and offers proposals to fix it.This book is not a work of neutral abstract scholarship. It is advocacy, using various disciplines and data to come to its conclusion: all civil litigants, no matter their inability to pay, deserve legal services in all areas of legal disputes.But more than the needs of indigents for legal services, and the unavailability of those services, is a subtle critiques of why progress is often derailed by those in power. In many ways, this is a cautionary tale of how powerful elites and institutions obstruct efforts for meaningful change on behalf of the powerless in our communities.

Women S Access To Justice For Gender Based Violence

Author : Lisa Gormley
ISBN : 929037232X
Genre : Human rights
File Size : 69.48 MB
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"The ICJ addresses women's access to justice for gender based violence in its new Practitioners' Guide, launched today on International Women's Day. Since the early 1990s there has been international recognition of the problem of gender-based violence and awareness that this impairs the ability of women and girls to access and enjoy all the rights that should be available to them as afforded under international law. However, in 2016, violence against women remains a public health problem of epidemic proportions, thought to affect between 35-70 per cent of all women and girls at some point during their lives. The ICJ's 12th Practitioner's Guide, Women's Access to Justice for Gender-Based Violence, is designed to support legal practitioners and human rights defenders involved, or interested, in pursuing cases of gender-based violence. Lasting change to address the root causes of violence against women can only take place as part of a coordinated effort on behalf of multiple stakeholders, however the ICJ believes that legal practitioners and human rights defenders are indispensible to addressing the problem and realizing women's access to justice. Access to justice for gender-based violence means that States must implement a range of measures that recognize violence against women as a crime and ensure appropriate procedures are in place that enable investigations, prosecutions and access to effective remedies and reparation. These measures may, where necessary, include amending or adopting national legislation. The ICJ produced this Guide as part of an ongoing project on empowering legal practitioners and human rights defenders seeking justice for women. Woven into the Guide are commentaries, reflections and recommendations from legal advocates and women human rights defenders from their experiences in this area. The Guide provides information about regional and international law and standards relevant to gender-based violence, advice on implementing these standards as part of domestic law reform and examples of existing good practice in seeking protection for women. It also contains a summary of some leading academic literature and civil society commentary and research, signposting users to other in-depth sources where these may be potentially relevant. The new Guide also addresses the practical issues that are faced by women who have been subject to gender-based violence and the steps that are necessary to secure their access to justice in practice. It considers women's experiences of the criminal justice system and reflects on how the justice process deals with women’s safety and need for access to services beyond legal assistance. The ICJ intends for this guide to be used as a practical tool to assist in navigating individual cases as well as a means of advocating for change on a larger scale. The ICJ believes that enabling women's access to justice for gender-based violence will lead to new norms of acceptability, where children and young people are raised to reject gender discrimination and violence."--
Category: Human rights

Access To Justice As A Human Right

Author : Francesco Francioni
ISBN : 9780191018657
Genre : Law
File Size : 20.43 MB
Format : PDF
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In international law, as in any other legal system, respect and protection of human rights can be guaranteed only by the availability of effective judicial remedies. When a right is violated or damage is caused, access to justice is of fundamental importance for the injured individual and it is an essential component of the rule of law. Yet, access to justice as a human right remains problematic in international law. First, because individual access to international justice remains exceptional and based on specific treaty arrangements, rather than on general principles of international law; second, because even when such right is guaranteed as a matter of treaty obligation, other norms or doctrines of international law may effectively impede its exercise, as in the case of sovereign immunity or non reviewability of UN Security Council measures directly affecting individuals. Further, even access to domestic legal remedies is suffering because of the constraints put by security threats, such as terrorism, on the full protection of freedom and human rights. This collection of essays offers seven distinct perspectives on the present status of access to justice: its development in customary international law, the stress put on it in times of emergency, its problematic exercise in the case of violations of the law of war, its application to torture victims, its development in the case law of the UN Human Rights Committee and of the European Court of Human Rights, its application to the emerging field of environmental justice, and finally access to justice as part of fundamental rights in European law.
Category: Law

Marginalized Communities And Access To Justice

Author : Yash Ghai CBE
ISBN : 9781135236137
Genre : Law
File Size : 45.93 MB
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Marginalized Communities and Access to Justice is a comparative study, by leading researchers in the field of law and justice, of the imperatives and constraints of access to justice among a number of marginalized communities. A central feature of the rule of law is the equality of all before the law. As part of this equality, all persons have the right to the protection of their rights by the state, particularly the judiciary. Therefore equal access to the courts and other organs of the state concerned with the enforcement of the law is central. These studies – undertaken by internationally renowned scholars and practitioners – examine the role of courts and similar bodies in administering the laws that pertain to the entitlements of marginalized communities, and address individuals' and organisations' access to institutions of justice: primarily, but not exclusively, courts. They raise broad questions about the commitment of the state to law and human rights as the principal framework for policy and executive authority, as well as the impetus to law reform through litigation. Offering insights into the difficulties of enforcing, and indeed of the will to enforce, the law, this book thus engages fundamental questions about value of engagement with the formal legal system for marginalized communities.
Category: Law

Access To Justice

Author : Mauro Cappelletti
ISBN : OCLC:220831962
Genre : Comparative law
File Size : 33.7 MB
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Category: Comparative law

Access To Justice In Iran

Author : Sahar Maranlou
ISBN : 9781107072602
Genre : Law
File Size : 31.75 MB
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A critical and in-depth analysis of access to justice from international and Islamic perspectives, with a specific focus on access by women.
Category: Law

Access To Justice

Author : Law Society (Great Britain)
ISBN : STANFORD:36105062182139
Genre : Justice, Administration of
File Size : 74.41 MB
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Category: Justice, Administration of

Access To Justice

Author : Deborah L. Rhode
ISBN : 9780190286668
Genre : Law
File Size : 62.65 MB
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"Equal Justice Under Law" is one of America's most proudly proclaimed and widely violated legal principles. But it comes nowhere close to describing the legal system in practice. Millions of Americans lack any access to justice, let alone equal access. Worse, the increasing centrality of law in American life and its growing complexity has made access to legal assistance critical for all citizens. Yet according to most estimates about four-fifths of the legal needs of the poor, and two- to three-fifths of the needs of middle-income individuals remain unmet. This book reveals the inequities of legal assistance in America, from the lack of access to educational services and health benefits to gross injustices in the criminal defense system. It proposes a specific agenda for change, offering tangible reforms for coordinating comprehensive systems for the delivery of legal services, maximizing individual's opportunities to represent themselves, and making effective legal services more affordable for all Americans who need them.
Category: Law