Author: Law Reform Commission of Western AustraliaPublisher:
ISBN:
Category : Civil law systems
Languages : en
Pages :
Book Description
Review of the Criminal and Civil Justice System in Western Australia
Author: Law Reform Commission of Western AustraliaPublisher:
ISBN:
Category : Civil law systems
Languages : en
Pages :
Book Description
Bulletin of Legal Developments
Author: Reform
Author: University of Western Australia Law Review
Author: Criminal Discovery
Author: Cosmas MoisidisPublisher: Institute of Criminology
ISBN: 9780975196779
Category : Law
Languages : en
Pages : 302
Book Description
In Criminal Discovery: From Truth to Proof and Back Again, author Cosmas Moisidis examines aspects of pre-trial stages such as police interrogations, preliminary hearings and discovery between the prosecution and the defence, addressing contentious issues such as the right to silence and the privilege against self-incrimination. These issues give rise to strong, emotive and polarised differences of opinion. Criminal discovery is an area in which views are entrenched and passions run high. Criminal Discovery: From Truth to Proof and Back Again seeks to inform the current debate through a detailed analysis of the history, theory and practice of criminal discovery. Historical and jurisprudential matters which are not commonly known are here brought to light. The approach is holistic and comparative, examining the issues in detail with reference to the jurisdictions of the United Kingdom, United States, particularly California, and Australia. It concludes with recommendations to guide the future, putting forward a reciprocal criminal discovery model which, it is argued, will enhance the truth seeking potential of the adversarial criminal trial.
How Law Works
Author: Ross CranstonPublisher: Oxford University Press, USA
ISBN:
Category : Business & Economics
Languages : en
Pages : 352
Book Description
Access to justice, equality before the law, and the rule of law are three fundamental values underpinning the civil justice system. This book examines these values and how, although they do not have great leverage in decision making by the courts, they are a crucial foundation of the civiljustice system and a powerful argument for arrangements such as legal aid, the impartial application of law, and the independence of the judiciary.The second theme of this book concerns the role of procedure, often regarded as of secondary importance compared with substantive law. Taking the definition of procedure at its widest, the book discusses Lord Woolf's Inquiry, and demonstrates how procedural reform can maximize a fundamental valuelike access to justice. This linkage is furthered in a later analysis of access to justice comparatively, in relation to civil and commercial law.Thirdly, the book looks at understanding how law works, and how it could be made to work better, and concludes that this demands both a knowledge of law and of law's context. This theme offers a framework for the book, which then goes on to deal with the machinery of the law, and discusses what thecourts do, civil procedure, and the ethics of lawyer's conduct, all in relation to the broader context of access to justice.This broader context of the law is particularly prominent in the latter half of the book which deals with various dimensions of the impact of the law. Including studies of civil and social rights in practice, the role of European law in the destruction of Aboriginal society in Australia, andcommercial law in Asia, these examples raise issues about the gap between the law and reality, the potential law has to destroy social patterns, and the relationship between law and economic development.This is a thought-provoking, critical exploration which has much to offer those interested in the operation of the civil justice system.
Our Greatest Challenge
Author: Hannah McGladePublisher: Aboriginal Studies Press
ISBN: 1922059102
Category : Social Science
Languages : en
Pages : 305
Book Description
Hannah McGlade's book bravely addresses the complex and fraught issue of Aboriginal child abuse. She argues that Aboriginal child sexual assault has been formed within the entrenched societal forces of racism, colonisation and patriarchy, yet cast in the Australian public domain as an Aboriginal 'problem', with controversial government responses critiqued as racist and paternalistic. McGlade highlights that non-Aboriginal society has yet to acknowledge the traumatic impacts of the sexual assault on Aboriginal children which was part and parcel of the European project of 'civilisation'. She provides detailed analysis of the legal systems response. While child sexual assault is a criminal offence, the Aboriginal experience of the law is tainted. Despite reforms to the law, the courtroom experience is based on re-victimisation and trauma which prevents the fundamental principle of equality before the law. McGlade believes that we should be guided by Indigenous human rights concepts and international Indigenous responses in addressing the problem. In doing so she believes that we can help to stem the harm to future generations.
Annual Report - Law Reform Commission of Western Australia
Author: Law Reform Commission of Western AustraliaPublisher:
ISBN:
Category :
Languages : en
Pages : 88
Book Description
Civil Procedure Western Australia Bulletin
Author: Paul SeamanPublisher:
ISBN: 9780409304596
Category : Civil procedure
Languages : en
Pages :
Book Description
Litigation
Author: Wilfrid R. PrestPublisher: UNSW Press
ISBN: 9780868405506
Category : Actions and defenses
Languages : en
Pages : 228
Book Description
Litigation does not have a good press - in fact, it is usually viewed very negatively. Rates of litigation in Western countries are claimed to be spiralling beyond control, and this is said to indicate a fundamental crisis in contemporary Western societies. "Litigation: Past and Present" sheds some much-needed light on these views, by examining actual patterns of litigation, both historical and contemporary, and considering the many ways in which courts provide strategies for social change and social justice. Topics surveyed include the long-range recording of litigation rates, the social uses of legal action, the effectiveness of procedural reforms in reducing litigation, and the impact of legal proceedings and activism on Indigenous rights, and on marriage and family issues. Litigation and its impact are too often discussed in excessively rhetorical and pragmatic terms. This volume, with contributions from internationally recognised scholars, adds much needed empirical research and theoretical perspectives to the discussion.