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Author: Karim Benyekhlef
Publisher: University of Ottawa Press
ISBN: 0776624318
Category : Law
Languages : en
Pages : 507
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Book Description
Part I of this work focuses on the ways in which digitization projects can affect fundamental justice principles. It examines claims that technology will improve justice system efficiency and offers a model for evaluating e-justice systems that incorporates a broader range of justice system values. The emphasis is on the complicated relationship between privacy and transparency in making court records and decisions available online. Part II examines the implementation of technologies in the justice system and the challenges it comes with, focusing on four different technologies: online court information systems, e-filing, videoconferencing, and tablets for presentation and review of evidence by jurors. The authors share a measuring enthusiasm for technological advances in the courts, emphasizing that these technologies should be implemented with care to ensure the best possible outcome for access to a fair and effective justice system. Finally, Part III adopts the standpoints of sociology, political theory and legal theory to explore the complex web of values, norms, and practices that support our systems of justice, the reasons for their well-established resistance to change, and the avenues and prospects of eAccess. The chapters in this section provide a unique and valuable framework for thinking with the required sophistication about legal change.
Author: Karim Benyekhlef
Publisher: University of Ottawa Press
ISBN: 0776624318
Category : Law
Languages : en
Pages : 507
Get Book
Book Description
Part I of this work focuses on the ways in which digitization projects can affect fundamental justice principles. It examines claims that technology will improve justice system efficiency and offers a model for evaluating e-justice systems that incorporates a broader range of justice system values. The emphasis is on the complicated relationship between privacy and transparency in making court records and decisions available online. Part II examines the implementation of technologies in the justice system and the challenges it comes with, focusing on four different technologies: online court information systems, e-filing, videoconferencing, and tablets for presentation and review of evidence by jurors. The authors share a measuring enthusiasm for technological advances in the courts, emphasizing that these technologies should be implemented with care to ensure the best possible outcome for access to a fair and effective justice system. Finally, Part III adopts the standpoints of sociology, political theory and legal theory to explore the complex web of values, norms, and practices that support our systems of justice, the reasons for their well-established resistance to change, and the avenues and prospects of eAccess. The chapters in this section provide a unique and valuable framework for thinking with the required sophistication about legal change.
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Languages : en
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Author: Andrew Harding
Publisher: Martinus Nijhoff Publishers
ISBN: 9004157832
Category : Law
Languages : en
Pages : 397
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Book Description
Although it is commonly asserted that enhanced citizen participation results in better environmental policy and improved enforcement of environmental standards, this hypothesis has rarely been subject to testing on a comparative basis. The contributors to this book set out to study the extent to which citizens can and do exert influence over their urban environments through the legal (and extra-legal) 'gateways' in eleven countries spanning several continents as well as different climates, levels and type of economic development, and national legal and constitutional systems, as well as exhibiting a different set of environmental problems. One interviewee questioned about access to environmental justice, dryly remarked that in his city there was no environment, no justice and no access to either. Yet this view, as will be seen, requires to be nuanced. While few people will be surprised by the finding that legal gateways to environmental justice are largely ineffective, the reasons for this are revealing; but also the richness of detail and the comparisons between the different countries, and also the positive aspects which surfaced in several instances, were indeed both encouraging and sometimes surprising. This book presents the first comparative survey of access to environmental justice, and will be of considerable use to lawyers, policy-makers, activists and scholars who are concerned with the environmental issues which so profoundly affect and afflict our habitat and conditions of social justice throughout the world.
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Languages : en
Pages :
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Author: M. Trebilcock
Publisher: University of Toronto Press
ISBN: 1442660619
Category : Law
Languages : en
Pages : 577
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Book Description
Though most conceptions of the rule of law assume equality before the law – and hence equal access to the justice system – this basic right is not being met for many low and middle income Canadians. This book focuses on the problem of civil access to justice for middle income earners – those whose household income is high enough to disqualify them from legal aid but not high enough to cover the costs of litigation. Featuring contributions by leading Canadian and international scholars, practitioners, and members of the judiciary, this multidisciplinary collection draws on scholarship in the fields of law, social science, and public policy. There is a particular emphasis on family law, consumer law, and employment law, as these are the areas where research has indicated that unmet legal needs are highest. Middle Income Access to Justice presents a variety of innovative solutions, from dispute resolution process reforms to the development of non-lawyer forms of assistance and new methods for funding legal expenses. In doing so, it lays the foundation for the development of a much-needed new delivery model to provide early intervention for legal services.
Author: Francesco Francioni
Publisher: OUP Oxford
ISBN: 0191018651
Category : Law
Languages : en
Pages : 272
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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: Helen Ahrens
Publisher: LIT Verlag Münster
ISBN: 3643802897
Category :
Languages : en
Pages : 396
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Book Description
The book provides an extensive overview of objectives and current implementation of Goal 16 of the Sustainable Development Goals in Latin America and Europe. Based on discussions at the GIZ-EIUC conference in Venice of May 2017, the book offers new insights into specifically Goal 16.3 from a Latin American and European perspective. Current challenges to access to justice before the European and the Inter-American Courts of Human Rights as well as common and different challenges to the European and Inter-American Human Rights systems are assessed. Based on the foundational work of the GIZ-DIRAJus project in Latin America specific challenges of access to justice in Mexico, Peru, Brazil, El Salvador and Chile are comprehensively examined. The issues identified in the book based on Latin American and European efforts in ensuring access to justice offer guidance in what way additional indicators for Goal 16.3 could be developed.
Author: Antônio Augusto Cançado Trindade
Publisher: Oxford University Press
ISBN: 0199580952
Category : Law
Languages : en
Pages : 267
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Book Description
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. --
Author: Mart¡nez, Agust¡ Cerrillo i
Publisher: IGI Global
ISBN: 1599049996
Category : Computers
Languages : en
Pages : 270
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Book Description
"This book presents the most relevant experiences and best practices concerning the use and impact of ICTs in the courtroom"--Provided by publisher.
Author: Yannis Charalabidis
Publisher: Springer Nature
ISBN: 3030929450
Category : Law
Languages : en
Pages : 447
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Book Description
This book provides the latest research advancements and findings for the scientific systematization of knowledge regarding digital governance and transformation, such as core concepts, foundational principles, theories, methodologies, architectures, assessment frameworks and future directions. It brings forward the ingredients of this new domain, proposing its needed formal and systematic tools, exploring its relation with neighbouring scientific domains and finally prescribing the next steps for laying the foundations of a new science. The book is structured into three main areas. The first section focuses on contributions towards the purpose, ingredients and structure of the scientific foundations of digital transformation in the public sector. The second looks at the identification and description of domain's scientific problems with a view to stabilizing research products, assessment methods and tools in a reusable, extendable and sustainable manner. The third envisions a pathway for future research to tackle broader governance problems via the applications of information and communication technologies in combination with innovative approaches from neighbouring scientific domains. Contributing to the analysis of the scientific perspectives of digital governance and digital transformation, this book will be an indispensable tool for students, researchers and practitioners interested in digital governance, digital transformation, information systems, as well as ICT industry experts and policymakers charged with the design, deployment and implementation of public sector information systems.
