concept of access to justice embodies the formal conception on one side, and substantive conception on the other. The formal conception of access to justice is considered to indicate abilities of people to have access to courts of law and other tribunals in a reasonable and effective manner coupled with the opportunity to receive legal services from qualified professionals. Access to justice in this way embraces the concept of the equality before the law which is the foundation of human rights protection
effective democratic justice system is its’ adherence to maintaining the Rule of Law. The most salient understanding of the principles of Rule of Law centers on an equality before the law and judicial integrity. A judicial system upholding the Rule of Law is one in which all citizens can access legal services and are judged equally before the law regardless of class, race, gender, sexuality, nationality, ethnicity, etc. Equal access to the justice system is paramount in a democratic system not only because
Sex Slavery and Human Trafficking in Nigeria Ramapo College of New Jersey Kaitlyn Cestaro Human Trafficking is defined in article 3, paragraph (a) of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, as the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments
a first grade solicitor in London who would charge four hundred and nine pounds per hour . It is obvious that not everyone can afford the price of justice. Legal funding is vital as this can give a chance to people that are of lesser means, to review their case. There are various types of legal funding that I will examine in my essay for example, legal aid, private funding, conditional fee agreements, damages-based agreements and pro-bono. However, there are some ethical complications related to how
Justice is at the heart of a democratic society. It means laws should apply equally to all, and that everyone should have the right to a fair trial. It is part of our rights as human beings and we ought to be able to bring our dispute before an independent judge for them to be settled. This essay seeks to look at the availability of legal aid in the 21st century and if it is still “open to all, like the ritz hotel” like suggested by Sir James Mathew. “What does "access to justice" mean, if not
One would think a seemingly progressive country such a Canada would possess a system whose policies protect the dignity of its citizens. That, unfortunately, is not the case. The Canadian political, social, and economic system mask archaic policies that are not only unethical but also exploitative. These longstanding policies are intermittently tweaked to be more comprehensive as the case of increasing community legal aid funding. Such policy changes, when viewed superficially, seems revolutionary
using birth technologies. The act of commercial surrogacy is illegal in Australia, however in certain states and the Northern Territory it is still legal to travel overseas to seek out such services commercially. The Australian couple the article focuses on is a prime example of this as they travelled to New Delhi in India to seek out such a surrogacy service. Already this questions the effectiveness
The Australian Legal System Introduction All countries are a reflection of their histories and this is very much the case with governmental structures and the associated legal system. The Australian legal system is based on a fundamental belief in the rule of law, justice and the independence of the judiciary. All people—Australians and non-Australians alike—are treated equally before the law and safeguards exist to ensure that people are not treated arbitrarily or unfairly by governments or
The criminal justice system involves agencies and processes which are established by the government to ensure that criminal activity is controlled and penalties are imposed on those who violate the set laws. In Australia, over the past two centuries the criminal justice system has served for two main purposes of instrumental and symbolic. (Adam & Peter 2002). Instrumental, also known as utilitarian refers to the states responsibility to respond to criminal activity and to ensure security to the wider
Cuts in legal aid are causing problems for the ordinary people and leaving them without vital support because there has been a reform in legal aid, which are the cuts. In this assignment, I will discuss the two-different side of impact of legal aid cuts on the people and how this act has impacted legal aid. Legal Aid and Advice Act 1949 was the beginning of legal aid, this is the access to assistance to fight for justice for the ones that cannot afford legal representation and in need of protection