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Author: Deborah L. Rhode Publisher: Oxford University Press ISBN: 0195143477 Category : Law Languages : en Pages : 265
Book Description
"Equal Justice Under Law." This promise appears on courthouse doors across the land. But it by no means describes what goes on inside them. Equal access to justice is one of America's most proudly proclaimed principles. And one of its most frequently violated. Written by America's leading expert on legal ethics, Access to Justice vividly chronicles the wide gap between the lofty aspirations and harsh realities of American justice.
Author: Rishi Gulati Publisher: Cambridge University Press ISBN: 1108837549 Category : Law Languages : en Pages : 255
Book Description
This book proposes an approach that guarantees access to justice for victims of international institutional conduct without compromising institutional independence.
Author: Francesco Francioni Publisher: OUP Oxford ISBN: 0191018651 Category : Law Languages : en Pages : 272
Book Description
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.
Author: Yash Ghai CBE Publisher: Routledge ISBN: 1135236135 Category : Law Languages : en Pages : 281
Book Description
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.
Author: Law Society of Upper Canada Publisher: Irwin Law ISBN: 9780887594151 Category : Aide juridique Languages : en Pages : 268
Book Description
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.
Author: Leonardo de Oliveira Publisher: Kluwer Law International ISBN: 9789403506913 Category : Languages : en Pages : 368
Book Description
Access to Justice in Arbitration Concept, Context and Practice Edited by Leonardo V P de Oliveira & Sara Hourani The exponential growth of arbitration beyond commercial and investment matters, reaching disputes that have traditionally been decided by courts - such as labour and employment, sports, and competition disputes, and those involving human rights violations - raises questions about the impact of this expansion on access to justice. This collection of essays by arbitral practitioners, academics, and arbitral institution officials presents, for the first time, an in-depth analysis of the role access to justice plays in arbitration. Overall, the book assesses how access to justice can be guaranteed in arbitration and, in particular, shows how access to justice works in various types of arbitration. The book and its contributions will be of immeasurable value in determining the practical application of such concerns as the following: when issues of access to justice can be raised in arbitral disputes and when violations of access to justice can be challenged; ramifications of arbitration clauses in contracts; ensuring fairness and efficiency arising from technological innovations applied to arbitration; legal framework applicable to online dispute resolution and blockchain-based arbitration, especially with regard to recognition and enforcement; and access to justice in arbitrations involving sexual harassment. The book concludes with three chapters on access to justice under the rules of arbitral institutions as revealed by studies of the World Intellectual Property Organisation, the Singapore International Arbitration Centre, and the International Centre for Settlement of Investment Disputes. Arbitration provides a final binding decision that can be challenged on very limited grounds; thus, with arbitration settling disputes that were originally a prerogative of the judiciary, securing fairness in such procedures is paramount to the survival of arbitration. For this reason, arbitration practitioners, institutions, and academics will appreciate this deeply-informed analysis and commentary on a crucial aspect of a highly significant and rapidly evolving area of practice.
Author: Deborah L. Rhode Publisher: Oxford University Press ISBN: 0195143477 Category : Law Languages : en Pages : 265
Book Description
"Equal Justice Under Law." This promise appears on courthouse doors across the land. But it by no means describes what goes on inside them. Equal access to justice is one of America's most proudly proclaimed principles. And one of its most frequently violated. Written by America's leading expert on legal ethics, Access to Justice vividly chronicles the wide gap between the lofty aspirations and harsh realities of American justice.
Author: Deborah L. Rhode
Author: Rishi Gulati
Author: Francesco Francioni
Author: Yash Ghai CBE
Author: Law Society of Upper Canada
Author: Leonardo de Oliveira
Author: Deborah L. Rhode
Author: 
Author: Margaret Beazer
Author: State Bar of California. Access to Justice Working Group
Author: Margaret Beazer