The Overcoming of Obstacles to Direct Access to Justice

2011 ◽  
pp. 192-208
Author(s):  
Antônio Augusto Cançado Trindade
Keyword(s):  
Direct Access ◽  
Access To Justice

An Enchanting Bureaucracy

2020 ◽  
pp. 63-87
Author(s):  
Nicholas H. A. Evans
Keyword(s):  
Crucial Role ◽  
Direct Relationship ◽  
Direct Access ◽  
Access To Justice ◽  
Administrative System ◽  
Utopian Vision ◽  
Historical Processes ◽  
Indian State ◽  
The Town

This chapter details how, as a result of the historical processes described in the previous chapter, life in Qadian is now dominated by the administrative system of the Ahmadiyya Jamaʻat. This system performs a crucial role in the Ahmadis' struggle to demonstrate their Muslimness: through the rational ordering of life, the system creates the intimate and direct relationship with the caliph that Qadian's Ahmadis so fervently desire. As such, this is an “enchanting bureaucracy,” for it sacralizes life in the town. In explicit contrast with the Indian state, Ahmadis in Qadian argue that their Jamaʻat bureaucracy provides them with direct access to justice. This utopian vision is nonetheless impossible to sustain, and when it collapses beneath the weight of disagreements and resentments, the Ahmadi–caliph relationship that the system produced appears to be an imitation. Ultimately, the enchanting bureaucracy simultaneously produces both certainty and its antithesis. It might thus be considered to produce a counterfeit proof of Muslimness.

Direct Public Access to EU Courts: Upholding Public International Law via the Aarhus Convention Compliance Committee

2012 ◽  
Vol 81 (2) ◽  
pp. 175-204 ◽  
Author(s):  
Simon Marsden
Keyword(s):  
International Law ◽  
Public Access ◽  
State Courts ◽  
Direct Access ◽  
Access To Justice ◽  
The European Union ◽  
Public International Law ◽  
Aarhus Convention ◽  
The Relationship ◽  
The Eu

This article examines the opportunities for individuals and non-governmental organisations (NGOs) to obtain access to justice in the European Union (EU) via international law. In the context of the first part of a concluded case before the Aarhus Convention Compliance Committee (ACCC), it reviews the EU rules that restrict standing and examines whether the preliminary reference procedure from Member State courts provides an effective alternative to direct access to EU courts. Based on the general findings and recommendations, and analysis of the relationship between international and EU law, it is argued that there remains a need for greater EU compliance with the Convention, with the implication that EU primary as well as secondary law may need to be reformed if public international law obligations are to be fully met.

THE ADMISSIBILITY CRITERION UNDER ARTICLE 35(3)(b) ECHR: A ‘SIGNIFICANT DISADVANTAGE’ TO HUMAN RIGHTS PROTECTION?

2016 ◽  
Vol 65 (1) ◽  
pp. 185-211 ◽  
Author(s):  
Nikos Vogiatzis
Keyword(s):  
Human Rights ◽  
Direct Access ◽  
Access To Justice ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Subsidiarity Principle ◽  
The Right ◽  
And Function ◽  
Role And Function

AbstractThe purpose of this contribution is to provide a critical overview of issues of principle related to the ‘significant disadvantage’ admissibility criterion under 35(3)(b) ECHR, in light of the ongoing debate on the Court's reform. It argues that the admissibility criterion: undermines direct access to justice at the international level; affects the right of individual petition to the Strasbourg Court; constitutes a misunderstanding of the subsidiarity principle within the Convention machinery; urges the Court to consider the merits during the admissibility stage in a sensitive area of adjudication such as human rights; and entails the risk of an indirect classification of rights on the basis of the financial damage suffered by the applicant. The article links these points with the discussion on the Court's reform and considers alternative proposals to reduce its workload. It concludes by underlining that the ‘significant disadvantage’ criterion could be a suitable opportunity to address questions related to the Court's legitimacy, including the ECtHR's precise role and function within the Convention.

In the Presence of Witnesses: Petitioning and judicial ‘publics’ in western India, circa 1600–1820

2019 ◽  
Vol 53 (1) ◽  
pp. 52-88 ◽  
Author(s):  
ROSALIND O'HANLON
Keyword(s):  
Eighteenth Century ◽  
Early Modern ◽  
State Level ◽  
Direct Access ◽  
Moral Order ◽  
Western India ◽  
Access To Justice ◽  
History Of ◽  
New Type ◽  
Principles Of Justice

AbstractBritish observers of the nineteenth-century panchayat were convinced that it represented a judicial forum of great antiquity, in which petitioners were able to gain local and direct access to justice. They contrasted the panchayat favourably with the delays and frustrations that beset the eighteenth-century East India Company's attempts to channel all petitions through its own courts. This article examines the history of the pre-colonial panchayat in western India and its early modern predecessors. During the early modern centuries, a diverse array of state-level and local corporate bodies made up the landscape for the submission of petitions and the hearing of suits. Although many suits were local in nature, the process of hearing and adjudication itself gave these judicial spaces a significant ‘public’ dimension, and their forms of argumentation frequently invoked general principles of justice and moral order. From the early eighteenth century, the new form of the panchayat came to supersede these older corporate bodies and to reshape the forms of public that gathered around them. The Maratha state, based in Pune, sought firmer control over revenue and justice. State officials promoted the panchayat as a new type of judicial arena, weakening the local corporate institutions and tying them more closely to the Pune court.

Effective Judicial Remedies: The Limits of Direct and Indirect Access to the European Community Courts

2006 ◽  
Vol 5 (2) ◽  
pp. 285-304
Author(s):  
Liz Heffernan
Keyword(s):  
European Community ◽  
Direct Access ◽  
Access To Justice ◽  
Reform Agenda ◽  
Community Law ◽  
National Courts ◽  
Court Of Justice ◽  
Judicial Remedies ◽  
The Relationship ◽  
Community Courts

AbstractThis article focuses on the relationship between two perennial items on the reform agenda, direct access to the Community courts for private applicants, and requests by the national courts for preliminary rulings from the Court of Justice on questions of Community law. Ongoing developments suggest that the time is ripe for renewed debate concerning the ability of existing mechanisms to secure effective access to justice for the European citizenry.

Audiology Service Models in a Family Physician Practice Setting

2010 ◽  
Vol 6 (1) ◽  
pp. 24-32 ◽  
Author(s):  
Sridhar Krishnamurti
Keyword(s):  
Pediatric Patients ◽  
Practice Patterns ◽  
Healthcare Delivery ◽  
Direct Consequence ◽  
Direct Access ◽  
Practice Setting ◽  
Pediatric Populations ◽  
Family Practice Physicians ◽  
Primary Focus ◽  
Balance Problems

This article illustrates the potential of placing audiology services in a family physician’s practice setting to increase referrals of geriatric and pediatric patients to audiologists. The primary focus of family practice physicians is the diagnosis/intervention of critical systemic disorders (e.g., cardiovascular disease, diabetes, cancer). Hence concurrent hearing/balance disorders are likely to be overshadowed in such patients. If audiologists get referrals from these physicians and have direct access to diagnose and manage concurrent hearing/balance problems in these patients, successful audiology practice patterns will emerge, and there will be increased visibility and profitability of audiological services. As a direct consequence, audiological services will move into the mainstream of healthcare delivery, and the profession of audiology will move further towards its goals of early detection and intervention for hearing and balance problems in geriatric and pediatric populations.

Current Status of a Medical Information System

1970 ◽  
Vol 09 (03) ◽  
pp. 149-160 ◽  
Author(s):  
E. Van Brunt ◽  
L. S. Davis ◽  
J. F. Terdiman ◽  
S. Singer ◽  
E. Besag ◽  
...  
Keyword(s):  
Information System ◽  
Medical Records ◽  
Medical Information ◽  
Clinical Laboratory ◽  
Development Program ◽  
Medical Data ◽  
Direct Access ◽  
Medical Information System ◽  
Current Status ◽  
Central System

A pilot medical information system is being implemented and currently is providing services for limited categories of patient data. In one year, physicians’ diagnoses for 500,000 office visits, 300,000 drug prescriptions for outpatients, one million clinical laboratory tests, and 60,000 multiphasic screening examinations are being stored in and retrieved from integrated, direct access, patient computer medical records.This medical information system is a part of a long-term research and development program. Its major objective is the development of a multifacility computer-based system which will support eventually the medical data requirements of a population of one million persons and one thousand physicians. The strategy employed provides for modular development. The central system, the computer-stored medical records which are therein maintained, and a satellite pilot medical data system in one medical facility are described.

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