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Access to Justice, Digitalization and Vulnerability: Exploring Trust in Justice
by Naomi Creutzfeldt Arabella Kyprianides Ben Bradford Jonathan JacksonThe pandemic has significantly impacted people's engagement with the administrative justice system (AJS). As we navigate the post-pandemic era, the siloed landscape of tribunals, ombuds, advice services and NGOs face the challenge of maintaining trust in the justice system's fairness, efficacy and inclusivity. Examining the journeys individuals undertake to seek justice in housing and special educational needs and disabilities (SEND), this book sheds light on how these institutions adapted to remote service provision. Written by key names in the field, this important contribution uncovers valuable insights for digitalization efforts and offers concrete recommendations for improving pathways to justice.
Access to Justice and Legal Aid: Comparative Perspectives on Unmet Legal Need (PDF)
by Asher Flynn Jacqueline HodgsonThis 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. [Subject: Criminal Law, Public Law, Asylum Law, Refugee Law, Human Rights, Comparative Law]
Access to Justice and Legal Aid: Comparative Perspectives on Unmet Legal Need
by Asher Flynn Jacqueline HodgsonThis 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.
Access To Justice And Legal Aid: Comparative Perspectives On Unmet Legal Need
by Asher Flynn Jacqueline HodgsonThis 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.
Access to Justice and Human Security: Cultural Contradictions in Rural South Africa (Cultural Diversity and Law)
by Sindiso Mnisi WeeksFor most people in rural South Africa, traditional justice mechanisms provide the only feasible means of accessing any form of justice. These mechanisms are popularly associated with restorative justice, reconciliation and harmony in rural communities. Yet, this ethnographic study grounded in the political economy of rural South Africa reveals how historical conditions and contemporary pressures have strained these mechanisms’ ability to deliver the high normative ideals with which they are notionally linked. In places such as Msinga access to justice is made especially precarious by the reality that human insecurity – a composite of physical, social and material insecurity – is high for both ordinary people and the authorities who staff local justice forums; cooperation is low between traditional justice mechanisms and the criminal and social justice mechanisms the state is meant to provide; and competition from purportedly more effective ‘twilight institutions’, like vigilante associations, is rife. Further contradictions are presented by profoundly gendered social relations premised on delicate social trust that is closely monitored by one’s community and enforced through self-help measures like witchcraft accusations in a context in which violence is, culturally and practically, a highly plausible strategy for dispute management. These contextual considerations compel us to ask what justice we can reasonably speak of access to in such an insecure context and what solutions are viable under such volatile human conditions? The book concludes with a vision for access to justice in rural South Africa that takes seriously ordinary people’s circumstances and traditional authorities’ lived experiences as documented in this detailed study. The author proposes a cooperative governance model that would maximise the resources and capacity of both traditional and state justice apparatus for delivering the legal and social justice – namely, peace and protection from violence as well as mitigation of poverty and destitution – that rural people genuinely need.
Access to Justice and Human Security: Cultural Contradictions in Rural South Africa (Cultural Diversity and Law)
by Sindiso Mnisi WeeksFor most people in rural South Africa, traditional justice mechanisms provide the only feasible means of accessing any form of justice. These mechanisms are popularly associated with restorative justice, reconciliation and harmony in rural communities. Yet, this ethnographic study grounded in the political economy of rural South Africa reveals how historical conditions and contemporary pressures have strained these mechanisms’ ability to deliver the high normative ideals with which they are notionally linked. In places such as Msinga access to justice is made especially precarious by the reality that human insecurity – a composite of physical, social and material insecurity – is high for both ordinary people and the authorities who staff local justice forums; cooperation is low between traditional justice mechanisms and the criminal and social justice mechanisms the state is meant to provide; and competition from purportedly more effective ‘twilight institutions’, like vigilante associations, is rife. Further contradictions are presented by profoundly gendered social relations premised on delicate social trust that is closely monitored by one’s community and enforced through self-help measures like witchcraft accusations in a context in which violence is, culturally and practically, a highly plausible strategy for dispute management. These contextual considerations compel us to ask what justice we can reasonably speak of access to in such an insecure context and what solutions are viable under such volatile human conditions? The book concludes with a vision for access to justice in rural South Africa that takes seriously ordinary people’s circumstances and traditional authorities’ lived experiences as documented in this detailed study. The author proposes a cooperative governance model that would maximise the resources and capacity of both traditional and state justice apparatus for delivering the legal and social justice – namely, peace and protection from violence as well as mitigation of poverty and destitution – that rural people genuinely need.
Access to Justice: Beyond the Policies and Politics of Austerity
by Ellie Palmer Tom Cornford Audrey Guinchard Yseult MariqueBuilding 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.
Access To Justice: Beyond The Policies And Politics Of Austerity
by Ellie Palmer Tom Cornford Yseult Marique Audrey GuinchardBuilding 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.
Access to Justice: Beyond the Policies and Politics of Austerity
by Ellie Palmer Tom Cornford Yseult Marique Audrey GuinchardBuilding 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.
Access to Justice: A Critical Analysis of Recoverable Conditional Fees and No Win No Fee Funding
by J. PeysnerThis book addresses an experiment in funding money damage claims in England from 2000 to 2013. The model - recoverable conditional fees - was unique and has remained so. It covers the development, amendment and effective abolition of the model, as well as the process of policy development and the motivation and objectives of the policy makers.
Access to Justice
by Deborah L. Rhode"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.
Access to Affordable Medicines: Developing Responses under the TRIPS Agreement and EC Law (Europainstitut Wirtschaftsuniversität Wien Schriftenreihe Europainstitut Wirtschaftsuniversität Wien Publication Series #25)
by Katharina GamharterTo ensure access to affordable medicines, particularly in developing countries, is one of the great challenges faced by the international community. At the 2001 Doha Ministerial Conference, the groundbreaking "Declaration on the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement and Public Health” was adopted. In its aftermath, new legal instruments were developed both at WTO and EC level. While the focus at the WTO lay on how countries with insufficient or no manufacturing capacity for pharmaceuticals could make effective use of compulsory licensing, the EC adopted a regulation to promote differential pricing for needed medicines. The authoress focuses on these responses developed under the TRIPS Agreement and in the EC. The book provides a comprehensive analysis of the new legal instruments and highlights contrasts and interlinkages between the pursued strategies.
Access-Right: The Future of Digital Copyright Law
by Zohar EfroniCopyright law has become the subject of general concerns that reach beyond the limited circles of specialists and prototypical rights-holders. The role, scope and effect of copyright mechanisms involve genuinely complex questions. Digitization trends and the legal changes that followed drew those complex matters to the center of an ongoing public debate. In Access-Right: The Future of Digital Copyright Law, Zohar Efroni explores theoretical, normative and practical aspects of premising copyright on the principle of access to works. The impetus to this approach has been the emergence of technology that many consider a threat to the intended operation, and perhaps even to the very integrity, of copyright protection in the digital setting: It is the ability to control digital works already at the stage of accessing them by means of technological protection measures. The pervasive shift toward the use of digital technology for the creation, dissemination, exploitation and consumption of copyrighted material warrants a shift also in the way we perceive the structure of copyright rules. Premising the copyright order on the concept of digital access first calls for explaining the basic components of proprietary access control over information in the abstract. The book then surveys recent developments in the positive law, while showing how the theoretical access-right construct could explain the logic behind them. Finally, the book critically analyzes existing approaches to curbing the resulting problems of imbalance and overprotection, which are said to disadvantage users. In conclusion, the book advocates for a structural overhaul of our current regulative apparatus. The proposed reform involves a series of changes in the way we define copyright entitlements, and in the way in which those entitlements may interrelate within a single, coherent scheme.
The Access of Individuals to International Justice (Collected Courses of the Academy of European Law)
by Antônio Augusto Cançado TrindadeThis book contends that the right of access to justice (at national and international levels) constitutes a basic cornerstone of the international protection of human rights, and conforms a true right to the Law. It amounts, lato sensu, to the right to the realization of justice. In such understanding, it comprises not only the formal access to a tribunal or judge, but also respect for the guarantees of due process of law, the right to a fair trial, and to reparations (whenever they are due), and the faithful execution of judgments. On its part, the right to an effective domestic remedy is a basic pillar of the rule of law in a democratic society. In its part, the right of international individual petition, together with the safeguard of the integrity of international jurisdiction, constitute the basic foundations of the emancipation of the individual vis-à-vis his own State. This is a domain that has undergone a remarkable development in recent years. It is submitted that the right of access to justice belongs today to the domain of jus cogens. Without it, there is no legal system at all. The protection of the human person in the most adverse circumstances has evolved amongst considerations of ordre public. Such recent evolution has been contributing to the gradual expansion of the material content of jus cogens. Furthermore, the very notion of "victim" (encompassing direct, indirect and potential victims) has been the subject of a considerable international case-law. Victims have had their cause vindicated in situations of utmost adversity, if not defencelessness (e.g., abandoned or "street children", undocumented migrants, members of peace communities in situations of armed conflict, internally displaced persons, individuals in infra-human conditions of detention, surviving victims of massacres).
The Access Audit Handbook: An inclusive approach to auditing buildings
by (CAE) Centre for Accessible EnvironmentsOur buildings and environments should be inclusive to all, but how can we assess this? The Access Audit Handbook is an indispensable tool for auditing the accessibility of buildings and services. This book offers straightforward advice about undertaking access audits and explains how they make buildings, environments and services more inclusive. Following the audit, the book explains how each of the various report formats works best to communicate recommendations in the content of current legislation, funding requirements and best practice in building management. Well established as the best resource for conducting access audits, the third edition of The Access Audit Handbook is fully up to date with the latest legal and technical standards as well as developments in equipment and building maintenance. Featuring advice on: Commissioning an access audit Audit methodology Making recommendations Report writing The practical guidance is supported by case studies, worked examples and checklists.
The Access Audit Handbook: An inclusive approach to auditing buildings
by (CAE) Centre for Accessible EnvironmentsOur buildings and environments should be inclusive to all, but how can we assess this? The Access Audit Handbook is an indispensable tool for auditing the accessibility of buildings and services. This book offers straightforward advice about undertaking access audits and explains how they make buildings, environments and services more inclusive. Following the audit, the book explains how each of the various report formats works best to communicate recommendations in the content of current legislation, funding requirements and best practice in building management. Well established as the best resource for conducting access audits, the third edition of The Access Audit Handbook is fully up to date with the latest legal and technical standards as well as developments in equipment and building maintenance. Featuring advice on: Commissioning an access audit Audit methodology Making recommendations Report writing The practical guidance is supported by case studies, worked examples and checklists.
Access and Other Rights over Rural Land (Land and Estate Management)
by Natalie GeenThis short book introduces the main rights private citizens or companies may have or acquire over farms and estates, including utility-company wayleaves and easements, private easements, public rights of way, compulsory purchase, restrictive covenants and common rights. The book will equip the reader with a fundamental knowledge and understanding of these rights, their frameworks and issues that can arise when rights are exercised or disputed. It shows that the free movement of land can be restricted by the rights a third party may hold over the land. An understanding of these topics is vital to students and trainees of land management and agriculture. The book is also a handy reference text for farmers, land managers and estate owners who may encounter a range of rights affecting land they manage, and wish to get the best support from their adviisers. It is a valuable primer for other professionals working with farm and land managers, such as accountants and agronomists, to understand the impacts rights over land can have on their clients
Access and Cartel Cases: Ensuring Effective Competition Law Enforcement (Hart Studies in Competition Law)
by Helene AnderssonThis book examines the legislative patchwork surrounding access to the European Commission's cartel case files. Recent legislative changes have increased the value of the files and have also highlighted the inherent tension between a number of competing interests affecting their accessibility. The Commission is undoubtedly caught between a rock and a hard place, charged with the task to ensure due process, transparency and effectiveness while at the same time promoting both public and private enforcement of the EU competition rules. The author considers how best to ensure a proper balance between the legitimate, but often diverging interests of parties, third parties and national competition authorities in these cases. The book provides a unique and comprehensive presentation of the EU legislation and case law surrounding access to the Commission's cartel case files. The author examines the question of accessibility from three different perspectives: that of the parties under investigation, cartel victims, and national competition authorities. The author also considers the EU leniency system and whether any legislative changes could make the attractiveness of the system less dependent on the possibilities of cartel victims to access the evidence contained in the Commission's case files.
Access and Cartel Cases: Ensuring Effective Competition Law Enforcement (Hart Studies in Competition Law)
by Helene AnderssonThis book examines the legislative patchwork surrounding access to the European Commission's cartel case files. Recent legislative changes have increased the value of the files and have also highlighted the inherent tension between a number of competing interests affecting their accessibility. The Commission is undoubtedly caught between a rock and a hard place, charged with the task to ensure due process, transparency and effectiveness while at the same time promoting both public and private enforcement of the EU competition rules. The author considers how best to ensure a proper balance between the legitimate, but often diverging interests of parties, third parties and national competition authorities in these cases. The book provides a unique and comprehensive presentation of the EU legislation and case law surrounding access to the Commission's cartel case files. The author examines the question of accessibility from three different perspectives: that of the parties under investigation, cartel victims, and national competition authorities. The author also considers the EU leniency system and whether any legislative changes could make the attractiveness of the system less dependent on the possibilities of cartel victims to access the evidence contained in the Commission's case files.
Access and Benefit Sharing of Genetic Resources, Information and Traditional Knowledge
by Charles Lawson, Michelle Rourke and Fran HumphriesAddressing the management of genetic resources, this book offers a new assessment of the contemporary Access and Benefit Sharing (ABS) regime. Debates about ABS have moved on. The initial focus on the legal obligations established by international agreements like the United Nations Convention on Biological Diversity and the form of obligations for collecting physical biological materials have now shifted into a far more complex series of disputes and challenges about the ways ABS should be implemented and enforced. These now cover a wide range of issues, including: digital sequence information, the repatriation of resources, technology transfer, traditional knowledge and cultural expressions, open access to information and knowledge, naming conventions, farmers’ rights, new schemes for accessing pandemic viruses sharing DNA sequences, and so on. Drawing together perspectives from an interdisciplinary range of leading and emerging international scholars, this book offers a new approach to the ABS landscape; as it breaks from the standard regulatory analyses in order to explore alternative solutions to the intractable issues for the Access and Benefit Sharing of genetic resources. Addressing these modern legal debates from a perspective that will appeal to both ABS scholars and those with broader legal concerns in the areas of intellectual property, food, governance, Indigenous issues, and so on, this book will be a useful resource for scholars and students as well as those in government and in international institutions working in relevant areas.
Access and Benefit Sharing of Genetic Resources, Information and Traditional Knowledge
by Charles Lawson Michelle Rourke Fran HumphriesAddressing the management of genetic resources, this book offers a new assessment of the contemporary Access and Benefit Sharing (ABS) regime. Debates about ABS have moved on. The initial focus on the legal obligations established by international agreements like the United Nations Convention on Biological Diversity and the form of obligations for collecting physical biological materials have now shifted into a far more complex series of disputes and challenges about the ways ABS should be implemented and enforced. These now cover a wide range of issues, including: digital sequence information, the repatriation of resources, technology transfer, traditional knowledge and cultural expressions, open access to information and knowledge, naming conventions, farmers’ rights, new schemes for accessing pandemic viruses sharing DNA sequences, and so on. Drawing together perspectives from an interdisciplinary range of leading and emerging international scholars, this book offers a new approach to the ABS landscape; as it breaks from the standard regulatory analyses in order to explore alternative solutions to the intractable issues for the Access and Benefit Sharing of genetic resources. Addressing these modern legal debates from a perspective that will appeal to both ABS scholars and those with broader legal concerns in the areas of intellectual property, food, governance, Indigenous issues, and so on, this book will be a useful resource for scholars and students as well as those in government and in international institutions working in relevant areas.
Acceptable Risk in Biomedical Research: European Perspectives (International Library of Ethics, Law, and the New Medicine #50)
by Sigmund SimonsenThis book is the first major work that addresses a core question in biomedical research: the question of acceptable risk. The acceptable level of risks is regulated by the requirement of proportionality in biomedical research law, which state that the risk and burden to the participant must be in proportion to potential benefits to the participant, society or science. This investigation addresses research on healthy volunteers, children, vulnerable subjects, and includes placebo controlled clinical trials. It represents a major contribution towards clarifying the most central, but also the most controversial and complex issue in biomedical research law and bioethics. The EU Clinical Trial Directive, the Council of Europe’s Oviedo Convention (and its Additional Protocol), and national regulation in member states are covered. It is a relevant work for lawyers and ethicists, and the practical approach makes a valuable tool for researchers and members of research ethics committees supervising biomedical research.
Accelerating Sustainability Using the 80/20 Rule
by Gareth KaneAre your sustainability efforts making as much impact as they could be?With our collective way of life rubbing up against the natural limits of the planet, it does not take a genius to see that it is time to scrape the mud off our boots and find a shorter, smarter path towards sustainability – a way to maximize our effectiveness and inspire leaps forward in sustainability, rather than incremental steps. The 80/20 rule says that, in many situations, a small number of inputs determine the vast majority of our desired results. If we identify these “vital few” inputs in our sustainability efforts, and focus on them, we can maximize our effectiveness and accelerate progress rapidly. This book will help you to think about sustainability from an 80/20 perspective with practical applications for: product and service development; supply chains; materiality, indicators and quantitative analysis; waste, energy efficiency, water conservation and transport; employee engagement and sustainability strategy. If you want to focus on what works, deliver better results, waste less time on “switch it off” stickers and ineffective “standard practice” and start making a real difference, then this book is for you!
Accelerating Sustainability Using the 80/20 Rule
by Gareth KaneAre your sustainability efforts making as much impact as they could be?With our collective way of life rubbing up against the natural limits of the planet, it does not take a genius to see that it is time to scrape the mud off our boots and find a shorter, smarter path towards sustainability – a way to maximize our effectiveness and inspire leaps forward in sustainability, rather than incremental steps. The 80/20 rule says that, in many situations, a small number of inputs determine the vast majority of our desired results. If we identify these “vital few” inputs in our sustainability efforts, and focus on them, we can maximize our effectiveness and accelerate progress rapidly. This book will help you to think about sustainability from an 80/20 perspective with practical applications for: product and service development; supply chains; materiality, indicators and quantitative analysis; waste, energy efficiency, water conservation and transport; employee engagement and sustainability strategy. If you want to focus on what works, deliver better results, waste less time on “switch it off” stickers and ineffective “standard practice” and start making a real difference, then this book is for you!
Accelerating E-Mobility in Germany: A Case for Regulation (SpringerBriefs in Law)
by Markus AdamThis book tackles the problem of the insufficient and expensive charging infrastructure in Germany. It assesses the lack of charging infrastructure for electric vehicles with regard to regulatory and competition law, as well as economic aspects. The legal solutions proposed here could ultimately serve to offer e-motorists around the country highly efficient and competitively priced charging options.