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.

scholarly journals Akses Keadilan Sebagai Perlindungan Hukum Bagi Perempuan Berhadapan Dengan Hukum Dalam Sistem Peradilan Pidana

2019 ◽  
Vol 9 (1) ◽  
pp. 72
Author(s):  
Ani Triwati
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
The State ◽  
Access To Justice ◽  
Political Rights ◽  
Civil And Political Rights ◽  
The Law ◽  
The Republic ◽  
The Right

<div><p>Negara mengakomodir hak setiap orang termasuk hak perempuan berhadapan dengan hukum dalam Undang-Undang Dasar Negara Republik Indonesia Tahun 1945. Perempuan berhadapan dengan hukum mempunyai hak untuk memperoleh akses keadilan. Sebagai negara yang telah meratifikasi Kovenan Internasional tentang Hak-Hak Sipil dan Politik dengan Undang-Undang Nomor 12 Tahun 2005 tentang Pengesahan <em>International Covenant on Civil and Political Rights</em>, Indonesia berpedoman pada Konvensi tersebut dalam mewujudkan persamaan semua orang di hadapan hukum dan peraturan perundang-undangan, larangan diskriminasi serta menjamin perlindungan yang setara dari diskriminasi, termasuk jenis kelamin atau gender. Selanjutnya, Indonesia sebagai pihak dalam Konvensi Penghapusan Segala Bentuk Diskriminasi Terhadap Perempuan (<em>Convention on the Elimination All of Forms Discrimination Against Women</em>/ CEDAW) mengakui kewajiban negara untuk memastikan bahwa perempuan mempunyai akses keadilan dan bebas dari diskriminasi dalam sistem peradilan (pidana). Dalam upaya memberikan akses keadilan, negara menjabarkan jaminan hak perempuan berhadapan dengan hukum dalam peraturan perundang-undangan. Sistem peradilan pidana merupakan salah satu upaya dalam memberikan akses keadilan sebagai perlindungan bagi perempuan berhadapan dengan hukum melalui perlindungan terhadap hak-hak perempuan selama pemeriksaan dalam setiap tahap peradilan.</p><p><em>       </em><em>T</em><em>he rights of ever</em><em>y person</em><em> including rights of women </em><em>encounter</em><em> the law </em><em>are accommodated by the state based on</em><em> </em><em>the</em><em> Constitution of the Republic of Indonesia</em><em> of 1945</em><em>. </em><em>Women’s in law</em><em> having the right </em><em>in terms of accessing justice</em><em>. As a </em><em>nation</em><em> that ratif</em><em>y</em><em> the International Covenant on Civil and Political Rights with Law Number 12 of 2005 </em><em>regarding</em><em> the </em><em>legitimation</em><em> of the International Covenant on Civil and Political Rights, Indonesia refers to the</em><em> c</em><em>onvention in realizing the equality of all people before laws and regulations, prohibition of discrimination and guarantee </em><em>the </em><em>equal protection from </em><em>any  form of </em><em>discrimination, including gender. Furthermore, Indonesia as a part</em><em> in</em><em> the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) </em><em>admit</em><em> the obligation of the state to ensure that women </em><em>are capable </em><em> access</em><em>ing</em><em> justice and </em><em>exempt</em><em> from discrimination in the criminal justice system. In an effort to provide access to justice, the state </em><em>elucidates</em><em> the guarantee of </em><em>the rights of women’s</em><em> in the laws </em><em>within the law</em><em> regulations. </em><em>Therefore, </em><em>The criminal justice system is </em><em>the one of an</em><em> effort </em><em>providing</em><em> access to justice </em><em>as well </em><em>as </em><em>the</em><em> protection for women</em><em>’s in law </em><em>through the protection of women's rights during </em><em>investigation</em><em> at every stage of </em><em>justice</em><em>.</em></p></div>

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.

Assessment of the influence of the spatial environment on the socio-economic development of the municipality

2019 ◽  
Vol 40 (3) ◽  
pp. 148-155
Author(s):  
K. N. Yusupov ◽  
V. M. Timiryanova, ◽  
Iu. S. Toktamysheva ◽  
A. F. Zimin,
Keyword(s):  
Economic Development ◽  
Socioeconomic Development ◽  
Statistical Data ◽  
Geographical Location ◽  
Integrated Approach ◽  
The State ◽  
Municipal District ◽  
Socio Economic Development ◽  
Spatial Environment ◽  
The Impact

The article presents a methodology for assessing the impact of spatial environment on the socioeconomic development of municipalities. It relies on existing tools for assessing the state and potential of the geographical location of municipalities. An integrated approach allows to determine the potential of the interaction of the municipality with the neighbors of the first and second order. The methodology was tested on statistical data on the Blagovarsky municipal district.

Engagement Through the Diaspora Channel

2017 ◽  
Author(s):  
Michael S. Danielson
Keyword(s):  
Civil Society ◽  
Statistical Models ◽  
State Level ◽  
The State ◽  
Multivariate Statistical ◽  
Political Factors ◽  
Data Set ◽  
Level Data ◽  
Municipal Level

The first empirical task is to identify the characteristics of municipalities which US-based migrants have come together to support financially. Using a nationwide, municipal-level data set compiled by the author, the chapter estimates several multivariate statistical models to compare municipalities that did not benefit from the 3x1 Program for Migrants with those that did, and seeks to explain variation in the number and value of 3x1 projects. The analysis shows that migrants are more likely to contribute where migrant civil society has become more deeply institutionalized at the state level and in places with longer histories as migrant-sending places. Furthermore, the results suggest that political factors are at play, as projects have disproportionately benefited states and municipalities where the PAN had a stronger presence, with fewer occurring elsewhere.

Racializing Mercy: Capital Punishment and Race in Twentieth-Century England and Wales

2020 ◽  
Vol 38 (4) ◽  
pp. 883-910
Author(s):  
Lizzie Seal ◽  
Alexa Neale
Keyword(s):  
Twentieth Century ◽  
Capital Punishment ◽  
Justice System ◽  
Racial Difference ◽  
Institutional Racism ◽  
Access To Justice ◽  
England And Wales ◽  
Men Of Color ◽  
Unequal Access ◽  
To Receive

Fifty-seven men of color were sentenced to death by the courts of England and Wales in the twentieth century and were less likely to receive mercy than white contemporaries. Though shocking, the data is perhaps unsurprising considering institutional racism and unequal access to justice widely highlighted by criminologists since the 1970s. We find discourses of racial difference were frequently mobilized tactically in nineteenth- and twentieth-century England and Wales: to support arguments for mercy and attempt to save prisoners from the gallows. Scholars have identified historically and culturally contingent narratives traditionally deployed to speak to notions of lesser culpability. These mercy narratives reveal contemporary ideals and attitudes to gender or class. This article is original in identifying strategic mercy narratives told in twentieth-century England and Wales that called on contemporary tropes about defendants' race. The narratives and cases we explore suggest contemporary racism in the criminal justice system of England and Wales has a longer history than previously acknowledged.

Ensuring food security amid the spread of COVID-19

Ekonomika APK ◽  
2021 ◽  
Vol 321 (7) ◽  
pp. 16-27
Author(s):  
Mykola Pugachov ◽  
Olha Khodakivska ◽  
Oleksandr Shpykuliak ◽  
Nataliia Patyka ◽  
Olena Hryschenko
Keyword(s):  
Food Security ◽  
Food Products ◽  
The State ◽  
Practical Significance ◽  
Economic Science ◽  
Political Factors ◽  
Healthy Nutrition ◽  
Economic Methods ◽  
Force Majeure ◽  
The Impact

The purpose of the article is to carry out an analytical assessing the impact of the COVID-19 pandemic on the level of food security in Ukraine. Research methods. The research was based on general scientific and economic methods, the creative heritage of the founders of economic science, publications of Ukrainian and foreign scientists on the impact of quarantine restrictions related to the spread of the COVID-19 pandemic on the level of food security of the country, regulatory legal acts, data from the State Statistics Service of Ukraine, electronic resources and other sources. The monographic approach is used to analyze the dynamics of the actual consumption of agri-food products and the level of food independence for individual agri-food products. Normative and positive approaches are used to highlight real risks and threats to food security. A number of techniques of abstract-logical tools made it possible to make a scientific and applied generalization of the material presented, to formulate intermediate and final conclusions and proposals. Research results. An analytical assessing the impact of the COVID-19 pandemic on the consumption of agri-food products and the level of food independence for individual agri-food products has been carried out. It has been proven that Ukraine produces enough food to ensure healthy nutrition for citizens. It has been determined that due to the low purchasing power of the population, groups of citizens with low incomes have limited access to essential agricultural and food products. In the medium and long term, there will be a shortage of food resources and global food inflation, the situation in agricultural markets will remain unstable, and trade will continue to develop under the influence of not only competition, but also political factors. Scientific novelty. The theoretical and methodological provisions, scientific, methodological and practical approaches to determining the factors of influence of quarantine measures and the spread of COVID-19 to the level of food security of the state have been substantiated. Assessing the impact of quarantine measures and the spread of COVID-19 on food security made it possible to identify the main risks of ensuring the country's food security. Practical significance. The applied aspects of the study can be taken into account in the formation of programs for the socio-economic development of the agri-food sector of Ukraine, which will increase the effectiveness of state initiatives aimed at ensuring food security of the state and increase the country's readiness for force majeure threats. Tabl.: 7. Figs.: 3. Refs.: 17.

scholarly journals Advocacy as a tool for the realization of the fundamental right of a person to professional legal assistance

2021 ◽  
Vol 66 ◽  
pp. 240-243
Author(s):  
P. Badzeliuk
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Legal Status ◽  
Legal Profession ◽  
The State ◽  
Fundamental Rights ◽  
Access To Justice ◽  
Legal Assistance ◽  
The Right ◽  
Legal Entities

This article is devoted to the study of the implementation of the fundamental right of a person to professional legal assistance through the vectors of influence of the bar, the role of the human rights institution in the mechanism of such a right and its place in public life.An effective justice system provides not only an independent and impartial judiciary, but also an independent legal profession. Lawyers play an important role in ensuring access to justice. They facilitate the interaction between individuals and legal entities and the judiciary by providing legal advice to their clients and presenting them to the courts. Without the assistance of a lawyer, the right to a fair trial and the right to an effective remedy would be irrevocably violated.Thus, the bar in the mechanism of protection of human and civil rights and freedoms is one of the means of self-limitation of state power through the creation and active functioning of an independent human rights institution, which is an active subject in the process of fundamental rights. The main constitutional function of the state is to implement and protect the rights and freedoms of man and citizen, and the constitutional and legal status of the legal profession allows it to actively ensure the rights of civil society as a whole and not just the individual. Effectively implement the human rights function of the state by ensuring proper interaction between the authorities and civil society, while being an active participant in the law enforcement mechanism and occupying an independent place in the justice system.Thus, the activities of lawyers are a complex manifestation of both state and public interest. After all, it is through advocacy and thanks to it that the rule of law realizes the possibility of ensuring the rights and freedoms of its citizens. Advocacy, on the one hand, has a constitutionally defined state character, and on the other hand, lawyers should be as independent as possible from the state in order to effectively protect citizens and legal entities from administrative arbitrariness. Thus, the bar is a unique legal phenomenon that performs a state (public-law) function, while remaining an independent, non-governmental self-governing institution.

scholarly journals TINJAUAN YURIDIS EKSISTENSI HAKIM PENGAWAS DAN PENGAMAT DALAM SISTEM PERADILAN PIDANA INDONESIA

FIAT JUSTISIA ◽  
2016 ◽  
Vol 1 (2) ◽  
Author(s):  
Maroni Maroni
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
The State ◽  
Court Decisions ◽  
Procedural Law

Monitoring and observation of court decisions made by judges is a new institution in the criminal procedural law in Indonesia. Through monitoring and observation of expected gaps (gap) between what the judge decided and reality implementation of the criminal in prison can be bridged. Judges will be brought closer to the prosecutors and corrections officials so that judges can follow the development of the state of the convict. Keywords: Judge, Supervisor and Observer, the Criminal Justice System

scholarly journals Underestimating the Unrepresented: Cognitive Biases Disadvantage Pro Se Litigants in Family Law Cases

2020 ◽  
Author(s):  
Kathryn Mary Kroeper ◽  
Victor David Quintanilla ◽  
Michael Frisby ◽  
Nedim Yel ◽  
Amy Applegate ◽  
...  
Keyword(s):  
Justice System ◽  
Cognitive Biases ◽  
The United States ◽  
Access To Justice ◽  
Randomized Experiments ◽  
Related Factors ◽  
Mere Presence ◽  
Dispute Resolution Mechanism ◽  
Civil Justice System ◽  
Wide Access

The majority of civil cases in the United States involve at least one pro se party—more often than not, at least one litigant is unrepresented by legal counsel. Despite efforts to provide pro se parties with information that decreases the procedural complexity of litigation, wide access to justice gaps persist between counseled and pro se litigants. We argue that, while helpful, information alone is not enough to close access-to-justice gaps, because the mere presence of counsel gives represented litigants a persuasive edge over pro se litigants in the eyes of legal officials. Two randomized experiments with civil court judges (Experiment 1) and attorney-mediators (Experiment 2), wherein only the presence of counsel varied (while other case-related factors were held constant), found that legal officials, on average, devalued the case merit of pro se litigants relative to otherwise identical counseled litigants. This case devaluation, in turn, shaped how legal officials expected pro se (vs. counseled) litigants to fare as they sought justice. Judges, attorneys, and mediators forecasted that pro se litigants would experience the civil justice system as less fair and less satisfying than counseled litigants, especially when the dispute resolution mechanism was trial (vs. mediation). These results suggest that perceptions of case merit are strongly influenced by a litigant’s counseled status. Comprehensive solutions to address access-to-justice gaps must consider ways to reduce legal officials’ biased perceptions of pro se litigants, so that they are not underestimated before their cases are even heard.

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