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Author: AMITA SINGH
Publisher: PHI Learning Pvt. Ltd.
ISBN: 8120336976
Category : Political Science
Languages : en
Pages : 184
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Book Description
This book tries to reunite and rebuild faith in public institutions by highlighting the availability of judicial remedies for the poor and the excluded in South Asia. The central idea of this book is the inevitable link between judicial capacity and good governance. It critically discusses the state of ‘access to justice’ to the poor and addresses the problems of various structures and procedures approached by the poor to seek justice. The formal system remains locked in the whimsical fantasies of the lawyers and the state structure which aborts the rule of law for the privileged and works in open defiance of the increasing disempowerment of the poor due to an overwhelming judiciary. This book highlights the growing need for restorative justice as against retributive and thus emphasizes a more intensive action research in alternative dispute resolution systems (ADRs). This argument is further developed to assess the competence of many people’s led informal institutions of judiciary such as Saalish in Bangladesh, Jirgas in Pakistan or Lok Adalats in India. The book is also radical in its approach towards the use of alternative dispute resolution systems to support marginalized communities, including women in distress, through mediation and arbitration which are gaining a new intellectual space in justice discourse. This book is an indispensable guide to administrators, and social scientists interested in governance and legal research. It would also be useful for those working in the non-state sector of pro-poor reforms.
Author: AMITA SINGH
Publisher: PHI Learning Pvt. Ltd.
ISBN: 8120336976
Category : Political Science
Languages : en
Pages : 184
Get Book Here
Book Description
This book tries to reunite and rebuild faith in public institutions by highlighting the availability of judicial remedies for the poor and the excluded in South Asia. The central idea of this book is the inevitable link between judicial capacity and good governance. It critically discusses the state of ‘access to justice’ to the poor and addresses the problems of various structures and procedures approached by the poor to seek justice. The formal system remains locked in the whimsical fantasies of the lawyers and the state structure which aborts the rule of law for the privileged and works in open defiance of the increasing disempowerment of the poor due to an overwhelming judiciary. This book highlights the growing need for restorative justice as against retributive and thus emphasizes a more intensive action research in alternative dispute resolution systems (ADRs). This argument is further developed to assess the competence of many people’s led informal institutions of judiciary such as Saalish in Bangladesh, Jirgas in Pakistan or Lok Adalats in India. The book is also radical in its approach towards the use of alternative dispute resolution systems to support marginalized communities, including women in distress, through mediation and arbitration which are gaining a new intellectual space in justice discourse. This book is an indispensable guide to administrators, and social scientists interested in governance and legal research. It would also be useful for those working in the non-state sector of pro-poor reforms.
Author: Augusto Lopez-Claros
Publisher: Cambridge University Press
ISBN: 1108476961
Category : Law
Languages : en
Pages : 561
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Book Description
Identifies the major weaknesses in the current United Nations system and proposes fundamental reforms to address each. This title is also available as Open Access.
Author: Rebecca L. Sanderfur
Publisher: Emerald Group Publishing
ISBN: 1848552432
Category : Social Science
Languages : en
Pages : 288
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Book Description
Around the world, access to justice enjoys an energetic and passionate resurgence as an object both of scholarly inquiry and political contest, as both a social movement and a value commitment motivating study and action. This work evidences a deeper engagement with social theory than past generations of scholarship.
Author:
Publisher: BRILL
ISBN: 9047413717
Category : Law
Languages : en
Pages : 321
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Book Description
Traditional separation of powers theories assumed that governmental despotism will be prevented by dividing the branches of government which will check one another. Modern governments function with unexpected complicity among these branches. Sometimes one of the branches becomes overwhelming. Other governmental structures, however, tend to mitigate these tendencies to domination. Among other structures courts have achieved considerable autonomy vis-à-vis the traditional political branches of power. They tend to maintain considerable distance from political parties in the name of professionalism and expertise. The conditions and criteria of independence are not clear, and even less clear are the conditions of institutional integrity. Independence (including depolitization) of public institutions is of particular practical relevance in the post-Communist countries where political partisanship penetrated institutions under the single party system. Institutional integrity, particularly in the context of administration of justice, became a precondition for accession to the European Union. Given this practical challenge the present volume is centered around three key areas of institutional integrity, primarily within the administration of justice: First, in a broader theoretical-interdisciplinary context the criteria of institutional independence are discussed. The second major issue is the relation of neutralized institutions to branches of government with reference to accountability. Thirdly, comparative experience regarding judicial independence is discussed to determine techniques to enhance integrity.
Author: George William Pring
Publisher:
ISBN: 9780615338835
Category : Court administration
Languages : en
Pages : 119
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Book Description
"This report lays out a decision-making framework for creating an ECT [environmental court and tribunal] that can be useful in different legal cultures and political situations. It provides the tools and support necessary to enhance access to environmental justice in countries around the world that, in turn, will advance the principles of environmental protection, sustainable development, and intergenerational equity through the institutions responsible for delivering environmental justice"--Introd.
Author: Helena Whalen-Bridge
Publisher: Cambridge University Press
ISBN: 100905077X
Category : Law
Languages : en
Pages : 391
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Book Description
To a disturbing degree, we are at the mercy of our time and place. While law may provide relief for some of life's troubles, that requires access to justice. Accessibility is the focus of this volume, which expands analysis of access to justice beyond the US and the UK to Asia and other comparative jurisdictions. Chapters characterise access to justice dynamics in these jurisdictions by addressing how access is understood, how it is achieved or not achieved, and how the jurisdiction should improve. The book addresses some issues seldom addressed in analyses of western jurisdictions, such as paid mandatory legal services and mandatory public interest activities, and provides English translations of relevant regulations. The book expands our understanding of access to justice with a comparative perspective, one that allows readers to identify relationships between access and its constitutive environment.
Author:
Publisher:
ISBN: 9789264309548
Category :
Languages : en
Pages : 201
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Book Description
This report offers an empirical tool to help planners, statisticians, policy makers and advocates understand people's everyday legal problems and experience with the justice system. It sets out a framework for the conceptualisation, implementation and analysis of legal needs surveys and is informed by analysis of a wide range of national surveys conducted over the last 25 years. It provides guidance and recommendations in a modular way, allowing application into different types of surveys. It also outlines opportunities for legal needs-based indicators that strengthen our understanding of access to civil justice.
Author: Sahar Maranlou
Publisher: Cambridge University Press
ISBN: 1107072603
Category : Law
Languages : en
Pages : 277
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Book Description
A critical and in-depth analysis of access to justice from international and Islamic perspectives, with a specific focus on access by women.
Author: Siddharth Peter De Souza
Publisher: EUP
ISBN: 9781474473873
Category : Law
Languages : en
Pages : 0
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Book Description
Around four billion people globally are unable to address their everyday legal problems and do not have the security, opportunity or protection to redress their grievances and injustices.
Author: OECD
Publisher: OECD Publishing
ISBN: 9264268928
Category :
Languages : en
Pages : 162
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Book Description
This report examines the influence of trust on policy making and explores some of the steps governments can take to strengthen public trust.
