From Thin to Thick Justice and Beyond: Access to Justice and Legal Pluralism in Indigenous Taiwan

2021 ◽  
pp. 1-30
Author(s):  
J. Christopher Upton
Keyword(s):  
Indigenous People ◽  
Justice System ◽  
Field Research ◽  
Legal Framework ◽  
The State ◽  
Access To Justice ◽  
Power Relationship ◽  
National Courts ◽  
Order Language

In recent decades, the Taiwan judiciary has taken steps toward securing Indigenous people’s access to the justice system. These measures reflect a vision of access to justice framed narrowly on national courts and legal actors through the provision of free legal counsel, courtroom interpreters, and special court units dedicated to Indigenous people. These measures embrace a thin understanding of access to justice that overlooks important hurdles to both seeking and providing such access to Indigenous people. This article considers some of the key challenges of Indigenous people’s access to justice in Taiwan and the role of the judiciary in both perpetuating and addressing those challenges. It argues for a thicker understanding of access to justice that addresses the circumstances of contemporary Indigenous life and confronts the entrenchment of colonialism in the state framework. Field research in eastern Taiwan shows how aspects of normativity, spatiality, economics, order, language, and institutions, ensconced in a legal framework that reinforces an unequal power relationship between the state and Indigenous people, have shaped the character of access to the justice system and, in turn, continue to operate as obstacles to meaningful access to justice for Taiwan’s Indigenous people.

scholarly journals Access to justice: An evaluation of the informal justice systems

2021 ◽  
Vol 5 (1) ◽  
pp. 228-244
Author(s):  
Jawad Ahmad ◽  
Georg Von Wangenheim
Keyword(s):  
Justice System ◽  
Relevant Literature ◽  
Formal System ◽  
The State ◽  
Access To Justice ◽  
Positive Role ◽  
Informal System ◽  
Informal Justice ◽  
Justice Systems

The judicial system of any state can be divided as formal and informal, where the formal is under the state (official) and informal may or may not be under the domain of the state (informal justice system). Since both systems provide access to justice, however, the informal system is viewed as a threat to formal justice system. In this context we need to better understand the role played by informal justices system. We have focused on three fundamental issues, first to evaluate the role of the alternate and informal justice system to improve access to justice. Second, we listed weaknesses in informal justice systems that gives us an insight into our third goal of suggesting a framework for engaging informal justice system and improved on its shortcomings which can be helpful in supporting or reducing the burden on the formal system. Because of the absence of relevant literature, we resorted to empirical reports and case studies on other developing countries’ to present our arguments. We showed that informal system is playing a positive role in the society and there is a need to reform the system especially for its negative traits, e.g., human rights.

The Legal Framework for Foundations in the Habsburg Monarchy from 1750 to 1918

2017 ◽  
Vol 1 (2) ◽  
pp. 154-172
Author(s):  
Gabriele Schneider
Keyword(s):  
Public Good ◽  
Legal System ◽  
Legal Framework ◽  
The State ◽  
Habsburg Monarchy ◽  
The Public ◽  
Regulation And Supervision ◽  
Role Of The State ◽  
The Law

Foundations, as permanent funds established by a certain legal act, can serve manifold purposes, but often pursue charitable goals. As such, they play an important role for the public good. Therefore, states always had an interest in fostering foundations by providing a pertinent legal framework. In Austria, this topic has not yet been the focus of scholarship. Through this study some light is shed on the implementation of the law on foundations in the Habsburg Monarchy. It focuses on the role of the state and its legal system regarding the regulation and supervision of foundations from 1750 to 1918. This period is characterized by the sovereigns’ endeavor to regulate the position of foundations via extensive legislation. In particular, a system of oversight for foundations was created in order to guarantee the attainment of their charitable goals. In fact, this system prevailed until the end of the 20thcentury.

scholarly journals The Leading Global Experiences in the Application of Equitable Economy and Solidarity

2018 ◽  
Vol 2 (2) ◽  
pp. 1-12
Author(s):  
Aied Malika ◽  
Abdelli Mohammed El Amine
Keyword(s):  
Social Justice ◽  
Legal Framework ◽  
The State ◽  
Geographical Region ◽  
Labor Organizations ◽  
Personal Initiative ◽  
Voluntary Contribution ◽  
Vertical Cooperation ◽  
Second Degree

This study is designed to highlight the important role of the growing role played by the equitable economy and solidarity in building a balanced and integrated into the society, characterized by the values of solidarity in the framework of the spirit of the voluntary contribution and the spirit of the personal initiative, as well as the principles of equity and social justice that seeks this economy established and consolidated, the study found that the pilot experiences for both the state of Canada, Ecuador, Brazil, Finland, France, Spain, the reputation and excellence by relying primarily on the legal framework for this sector and organized the second degree of integration of all segments of society in the form of labor organizations for each category but every geographical region, the study recommended in the end to adopt the principle of integration and horizontal and vertical cooperation between these organizations in order to achieve effectiveness More competitive.

INVESTMENT AND BUILDING INDUSTRY AS A GUARANTEE OF INCREASING THE LIVING STANDARD OF THE POPULATION AND THE FOUNDATION OF SOCIO-ECONOMIC SECURITY OF THE COUNTRY

2021 ◽  
Author(s):  
Volodymyr Savchenko ◽  
Serhii Stoika ◽  
Oleg Makliuk
Keyword(s):  
Financial Incentives ◽  
Legal Framework ◽  
Economic Security ◽  
The State ◽  
Living Standard ◽  
Regulatory Function ◽  
Special Importance ◽  
Building Structures ◽  
European Standards

The situation in the construction complex of the state and crisis phenomena in it are shown. It is proposed to return to the basic components of system management of the industry, lost due to spontaneous pseudo-market processes. Problems that need to be overcome are systematized, they are the following: attracting investments, increasing effective demand in the domestic market, strengthening the competitiveness of production, the predominance of innovative technologies, increasing the quality of products and facilities, bringing the legal framework to European standards, training of employees and managers. The state of the housing market, the importance of its openness, transparency, systematization and regulation are described. The special importance of the regulatory function of the state in the current situation is pointed out. The importance and role of comprehensive activities for housing construction economic growth is emphasized. The need to create conditions for increasing the volume of products sold under international agreements through investment and interstate projects is noted. The relationship between the results of the construction industry and the effective use of human capital is given, for which each company needs measures to improve work with staff, improve their skills, financial incentives and social security. The expediency of introducing the mechanism of energy service in construction, which is part of the management system with subsystems of planning, organization, regulation, motivation and control, is proved. The role of methods for evaluating the effectiveness of innovative activities of enterprises to ensure quality and effective management of production processes is analyzed. The information on development schemes of the organization at registration of the allowing documentation, financing, designing, market research, selection of participants, accounting, construction, property management is provided. The function of settlements' territories as separate objects at construction of inhabited premises is defined. Award on the need for construction and reconstruction of "sleeping" areas in cities, which requires significant investment, development of building structures, as well as established close relationships with industrial, commercial, cultural, entertainment and other facilities.

Role of Advocates in Administration of Justice

LAW REVIEW ◽  
2018 ◽  
Vol 37 (01) ◽  
Author(s):  
S. S. Upadhyay
Keyword(s):  
Legal System ◽  
Legal Framework ◽  
Access To Justice ◽  
Special Relationship ◽  
The Public ◽  
Moral Standards ◽  
Administration Of Justice ◽  
Relationship Of

Lawyers play an important part in the administration of justice. The Profession itself requires the safeguarding of high moral standards. As an officer of the Court the overriding duty of a lawyer is to the Court, the standards of his profession and to the public. Since the main job of a lawyer is to assist the Court in dispensing justice, the members of the Bar cannot behave with doubtful scruples or strive to thrive on litigation. This paper deals in Legal framework of duty and liability of advocate supported with Judicial Pronouncement. The main emphais on special relationship of bar bench and agreed and persons of the society for protection of their human rightrs. Legal community and advocates are inseparable and important part of robust legal system and they not only aid in seeking access to justice but also promote justice. Judges cannot perform their task of dispensing justice effectively without the able support of advocates. In that sense, advocates play an important role in the administration of justice.

6. The administrative justice system

2019 ◽  
pp. 156-190
Author(s):  
Martin Partington
Keyword(s):  
Justice System ◽  
Modern Society ◽  
Administrative Law ◽  
The State ◽  
Institutional Framework ◽  
Members Of Parliament ◽  
System P ◽  
The Relationship ◽  
Administrative Justice

This chapter focuses on administrative justice. It reflects on the nature of administrative law and the role it plays in modern society, overseeing the relationship between the citizen and the state. Again adopting the holisitic approach, the chapter discusses not only the role of the courts, but also the tribunals, ombudsmen, and other bodies and processes that together make up the institutional framework of administrative justice. It notes some of the key changes being introduced as a result of the current transformation programme. It also considers the particular responsibilities of Members of Parliament in holding government to account. In addition, it asks who has general oversight of the system and whether current oversight arrangements are adequate.

The geographies of justice in Portugal: redefining the judiciary's territories

2019 ◽  
Vol 15 (4) ◽  
pp. 442-460
Author(s):  
Patrícia Branco
Keyword(s):  
Justice System ◽  
Geographical Location ◽  
The State ◽  
Access To Justice ◽  
Political Factors

AbstractIn this paper, I examine the current geographical location of Portuguese courts and the effects this territorial redefinition has had on the relationships between the justice system and the territories/populations in a context in which external and internal political factors, rather than a mere need to improve the justice system, have played a major role. Such an analysis entails three key elements: the geographic impacts on access to justice, in view of the emblematic presence of the state in the territories, both contrasted with the conflict between specialisation and the proximity of jurisdiction.

The Proper Role of a Victim-Compensation System

1975 ◽  
Vol 21 (1) ◽  
pp. 45-49 ◽  
Author(s):  
Stephen Schafer
Keyword(s):  
Criminal Law ◽  
Justice System ◽  
Criminal Court ◽  
Compensation System ◽  
The State ◽  
Proper Place ◽  
Proper Role ◽  
Victim Compensation ◽  
Significant Step

Compensation to the victim of a criminal injury is not effective if it consists merely of financial remedy supplied by the state. It should take the form of punitive restitution; that is, it must come from the offender's resources (either money or service) and it must be part of the criminal court sentence by being tied to whatever reformative plan is contemplated. Correctional restitution goes a significant step further than compensation by requiring the of fender to maintain a relationship with the victim until the victim's pre-injury condition has been restored to the fullest extent possi ble. It compensates the victim, relieves the state of some burden of responsibility, and permits the offender to pay his debt to society and to his victim. Thus it makes a contribution to the reformative and corrective goals of criminal law and finds its proper place in the criminal justice system.

Administration of State Sponsored Local Justice System: An Appraisal on the Legal Framework of Village Courts in Bangladesh

2016 ◽  
Vol 44 (3) ◽  
pp. 235-240
Author(s):  
Md. Al-Ifran Mollah
Keyword(s):  
Rural Areas ◽  
Justice System ◽  
Single Channel ◽  
Legal Framework ◽  
Access To Justice ◽  
Informal Justice ◽  
Local Justice ◽  
The People ◽  
Political Interference ◽  
Formal Justice

AbstractAccess to justice is one of the significant pre-requisites for sustainable human development and it has been made available in the form of both the formal and informal systems stretching from the very top of the judiciary to the local justice system in Bangladesh. The formal justice system, even though it plays the most pivotal role, has been facing huge pressure from case backlogs, which ultimately hampers the true spirit of justice. On the other hand, most people's perception towards informal justice system is also fairly poor with lack of trust due to partisan political interference, corruption, religious dogmas, and social elitism, which have made this system almost ineffective. Consequently, state-sponsored local justice system has come forward with a view to combining the both streams in a single channel in the form of restorative justice and a quorum of quasi-formal justice system aimed at ensuring and dispensing justice to the people in rural areas in an affordable and convenient manner. In line with this view, village courts have been established to redress petty civil and criminal issues. This article attempts to examine the feasibility of the present legal framework of village courts to deliver justice efficiently at the grassroots level.

Citizen’s Rights in European Environmental Law: Stock-Taking of Key Challenges and Current Developments in Relation to Public Access to Information, Participation and Access to Justice

2012 ◽  
Vol 9 (1) ◽  
pp. 71-90
Author(s):  
J. Jendrośka
Keyword(s):  
Environmental Law ◽  
National Level ◽  
Legal Framework ◽  
Public Access ◽  
Access To Justice ◽  
Access To Information ◽  
Aarhus Convention ◽  
Compliance Mechanism ◽  
Implementation Problems

The article aims to provide a short overview of the current situation regarding public access to information, participation and access to justice in Europe. The article briefly presents the role of the Aarhus Convention and its compliance mechanism in shaping the respective legal framework at both national level and EU level. On that basis it summarises some key challenges and implementation problems respectively in relation to public access to information, participation and access to justice.

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