Justice According to the Law

2019 ◽  
Author(s):  
Richard Susskind
Keyword(s):  
Access To Justice ◽  
Political Theorist ◽  
The Law

In both promoting and challenging the idea of online courts, appeals are often made to the concept of justice. Supporters generally say that online courts will bring about greater access to justice, while critics foretell that justice will be denied. Given that ‘justice’ is so widely invoked in debate about online courts, it is important to clarify what this notion itself is all about. If you are neither a philosopher nor a political theorist, you may think that justice is a pretty straightforward concept. But it turns out that the term is used in many different and conflicting ways, and even when people have the same conception of justice in mind they can disagree strongly over what it requires.

scholarly journals Small Defamation Claims in Small Claims Jurisdictions: Worth Considering for the Sake of Proportionality?

2018 ◽  
Vol 41 (4) ◽  
Author(s):  
Kim Gould
Keyword(s):  
Decision Making ◽  
Online Communication ◽  
Reform Process ◽  
Access To Justice ◽  
Ordinary People ◽  
Reform Agenda ◽  
Administration Of Justice ◽  
Small Claims ◽  
The Law ◽  
Defamation Law

Online communication continues to pose challenges for the law and the administration of justice. One such challenge concerns its propensity to give rise to small defamation claims between ordinary people given the often-enormous costs of litigating defamation claims before the ordinary courts. This article promotes a reform agenda directed to meeting this challenge by (1) demonstrating the need for a proportionate means for resolving small defamation claims, having regard to access to justice considerations and other wider concerns; (2) establishing reasonable grounds for seriously considering deploying the traditional small-claims-proportionate response – small claims jurisdictions – for this purpose notwithstanding contraindications including the infamous complexity of defamation law; and (3) advancing a research pathway for the proportionate treatment of small defamation claims to guide decision-making and innovation. This article also advocates for consideration of this important issue in the ‘national reform process’ launched in 2018 for Australian defamation law.

scholarly journals LOOKING FOR QUALITY: THE EMPIRICAL DEBATE IN ACCESS TO JUSTICE RESEARCH

2013 ◽  
Vol 31 (2) ◽  
pp. 229 ◽  
Author(s):  
Jennifer A Leitch
Keyword(s):  
Empirical Studies ◽  
Law And Society ◽  
Access To Justice ◽  
Justice Research ◽  
Conceptual Debate ◽  
Il Y A ◽  
The Law ◽  
The Impact

Access to Justice remains one of the most contested issues on the law-and-society agenda.  There has been continuing conceptual debate over its meaning, its objectives, and its success.  Of late, attention has turned to efforts to measure the impact and efficacy of different initiatives aimed at improving individuals’ access to justice.  Along with a broader turn toward empirical studies in law, there have been renewed efforts within the access to justice field to develop a more compelling and convincing methodology by which to assess and evaluate these different initiatives. L’accès à la justice demeure l’une des questions les plus contestées à l’ordre du jour « droit et société ». Il y a un débat conceptuel continu au sujet de son sens, de ses objectifs et de son succès. Récemment, l’attention s’est tournée vers les efforts visant à mesurer l’impact et l’efficacité de différentes initiatives ayant pour but d’améliorer l’accès à la justice des particuliers. Outre une tendance plus générale vers des études empiriques en droit, il y a eu, dans le domaine de l’accès à la justice, des efforts renouvelés visant à élaborer une méthodologie plus contraignante et convaincante pour évaluer ces différentes initiatives.

scholarly journals Women's Experiences of the Justice System

1997 ◽  
Vol 27 (4) ◽  
pp. 649
Author(s):  
J Morris
Keyword(s):  
New Zealand ◽  
Justice System ◽  
Access To Justice ◽  
Women’S Experiences ◽  
Women's Experiences ◽  
The Law ◽  
The Impact ◽  
Law Commission

This article considers the impact of gender upon women's experiences of the New Zealand justice system, as lawyers and clients. As well as summarising study and survey material, it draws upon information provided to the Law Commission in the course of its project on Women's Acces to Justice: He Putanga mo nga Wahine ki te Tika. It concludes that women are still significantly disadvantaged by the justice system as a result of their gender and that there is an ongoing need for debate and consideration of these issues if women's access to justice is to be improved.

scholarly journals Regional Legal Assistance

Rechtsidee ◽  
2015 ◽  
Vol 2 (1) ◽  
pp. 1
Author(s):  
Abdul Fatah
Keyword(s):  
Public Awareness ◽  
Access To Justice ◽  
Legal Assistance ◽  
Legal Counsel ◽  
Legal Aid ◽  
Equitable Distribution ◽  
Legal Implications ◽  
The Law ◽  
The Right ◽  
Aid Policy

Legal aid policy in the area carried out on several considerations including: Implementation of the authority given to the legal aid act, granting the guarantee and protection of access to justice and equality before the law in the area, equitable distribution of justice and increase public awareness and understanding of the law, and legal implications that accompanied the emergence of the right to legal counsel without pay and the right to choose the legal settlement. How To Cite Fatah, A. (2015). Regional Legal Assistance. Rechtsidee, 2(1), 1-10. doi:http://dx.doi.org/10.21070/jihr.v2i1.7

THE ROLE OF THE PROSECUTOR'S OFFICE OF UKRAINE IN THE CONTEXT OF ENSURING GUARANTEES OF THE INDEPENDENCE OF JUDGES AND THE AUTHORITY OF THE JUDICIARY

2021 ◽  
Author(s):  
Vasyl Khmyz ◽  
◽  
Ruslan Skrynkovskyy ◽  
Tetiana Protsiuk ◽  
Mariana Khmyz ◽  
...  
Keyword(s):  
Law Enforcement ◽  
Criminal Code ◽  
Access To Justice ◽  
Law Enforcement Agencies ◽  
Professional Activities ◽  
Administration Of Justice ◽  
The Status ◽  
Legislative Framework ◽  
The Law

The article reveals the role of the prosecutor's office of Ukraine in the process and in order to ensure guarantees of the independence of judges and the authority of the judiciary. A study of the legislative framework of Ukraine proves that the role of the prosecutor's office in the process of ensuring guarantees of the independence of judges and the authority of justice is regulated by the provisions of the Constitution of Ukraine, the Law of Ukraine «On the Prosecutor's Office», the Law of Ukraine «On the Judicial System and the Status of Judges», the Code of Professional Ethics and Conduct of Prosecutors, the Criminal Procedure Code Of Ukraine, the Criminal Code of Ukraine, as well as other regulatory documents. It was found that the judge, performing professional activities in the direction of the administration of justice, is independent of the various influences, pressure or interference, which are illegal. The legislation of Ukraine determines that the principle of the independence of the judge indicates that the judge is not obliged to provide explanations regarding the nature and content of the cases being pending, with the exception of cases established by law. State authorities, local self- government bodies, officials and officials of these bodies, individuals and legal entities and associations of such persons should respect the independence of judges and in no case should encroach on it. It was determined that one of the principles on the basis of which the professional activities of the prosecution authorities are based is the principle of respect for the independence of judges. It has been proved that the High Council of Justice always adheres to the position of unconditionally ensuring the independence of judges and establishing this direction as a priority type of activity for law enforcement agencies, in particular, for the prosecutor's office. Fast and quality investigation of crimes related to the professional activities of judges will, first of all, contribute to the observance of constitutional law regarding the principle of access to justice.. It is noted that the prospects for further research in this direction are the study of the legal basis for the observance of the principle of the rule of law and legality by the judiciary in the context of performing professional activities.

Access to Justice

2019 ◽  
Author(s):  
Richard Susskind
Keyword(s):  
Legal Reform ◽  
Access To Justice ◽  
The Future ◽  
The Law

Two related phrases are commonly used in discussions about the courts and judges. The first is ‘access to justice’ and the second is ‘justice according to the law’. Like motherhood and apfelstrudel, these seem to be ideals whose merits are beyond debate. However, some deeper digging suggests that the scope and meaning of these concepts are far from self-explanatory. They are innocuous enough as terms of art, and often deployed to lend some force or lustre to arguments about social and legal reform. But if we are to be clear about online courts and the future of justice, we need to be clearer about these fundamental notions. Accordingly, in this chapter, I explore and extend the concept of access to justice, arguing that much of the literature and debate on this topic is too narrowly conceived. I defer until the next chapter the notion of justice according to the law, where I argue that this is also a more complex notion than is generally allowed.

scholarly journals Counterclaims and the Rule of Law in Investment Arbitration

AJIL Unbound ◽  
2019 ◽  
Vol 113 ◽  
pp. 33-37 ◽  
Author(s):  
Tomoko Ishikawa
Keyword(s):  
Rule Of Law ◽  
International Investment ◽  
Access To Justice ◽  
Foreign Investors ◽  
The Rule Of Law ◽  
International Investment Law ◽  
Rule By Law ◽  
Investment Arbitration ◽  
The Law ◽  
Broad Interpretation

While the rule of law was originally developed with reference to domestic constitutional orders, it is also widely embraced by international lawyers. This essay argues that the admission of counterclaims in certain circumstances helps investment arbitration advance the rule of law on several counts. The rule of law is defined here to include not only formal elements such as rule-by-law and formal legality, but also “thicker” elements attached to certain substantive values, including fundamental human rights. The UN's work on the rule of law clearly adopts a broad interpretation of this concept. This essay examines the potential for counterclaims to bridge the gap between the lack of effective mechanisms to hold foreign investors accountable for their conduct and the extensive protection of foreign investors in international investment law. By doing so, counterclaims in investment arbitration may promote the thicker elements of the rule of law such as accountability to the law, access to justice, and fairness in the application of the law.

scholarly journals The Law In The Community Module At Northumbria University- Working In Partnership With Citizens Advice As An Effective Teaching Tool

2021 ◽  
Vol 28 (1) ◽  
pp. 111-148
Author(s):  
Lyndsey Bengtsson ◽  
Callum Thomson ◽  
Bethany A Court
Keyword(s):  
Effective Teaching ◽  
Structured Interview ◽  
First Year ◽  
Volunteer Work ◽  
Teaching Tool ◽  
Access To Justice ◽  
Professional Skills ◽  
The Law

This article discusses the Law in the Community module, which has recently been introduced into the curriculum at Northumbria University. In this module, the students attend fortnightly workshops with their university tutor and volunteer each week at their local Citizens Advice. The aims of the module are to develop the students’ knowledge and professional skills and appreciation of access to justice challenges, whilst simultaneously advising members of the community through their volunteer work at the Citizens Advice. The purpose of this paper is twofold: firstly, to present and discuss data from a semi-structured interview with the academic responsible for the design and delivery of the module during the first year of its inception. Secondly, to evaluate the pedagogical benefits and the benefits to the wider community.

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