11. The transformation of the English legal system: pressures and challenges

2017 ◽  
Author(s):  
Martin Partington
Keyword(s):  
Legal System ◽  
Legal Education ◽  
Legal Rights ◽  
The Political ◽  
Access To Justice ◽  
Financial Pressures

This examines the transformation of the legal system over the last twenty years. It contemplates the further changes that are now in progress. It examines the political and financial pressures that have led to the need for reform and the challenges that the transformation programme must face, stressing in particular the need to ensure access to justice. It considers briefly the importance of public legal education in helping people understand their legal rights and obligations.

11. The transformation of the English legal system: pressures and challenges

2018 ◽  
Author(s):  
Martin Partington
Keyword(s):  
Legal System ◽  
Legal Education ◽  
Legal Rights ◽  
The Political ◽  
Access To Justice ◽  
Financial Pressures

This examines the transformation of the legal system over the last twenty years. It contemplates the further changes that are now in progress. It examines the political and financial pressures that have led to the need for reform and the challenges that the transformation programme must face, stressing in particular the need to ensure access to justice. It considers briefly the importance of public legal education in helping people understand their legal rights and obligations.

11. The transformation of the English legal system: pressures and challenges

2019 ◽  
pp. 308-318
Author(s):  
Martin Partington
Keyword(s):  
Legal System ◽  
Legal Education ◽  
Legal Rights ◽  
The Political ◽  
Access To Justice

This final chapter reflects further on the theme, pervasive throughout the book of the transformation of the legal system over the last 20 years. It reflects on the pressures that have underpinned the transformation agenda. It examines the political, financial, and competitive pressures that have led to the need for reform. It contemplates the further changes that are now in progress. The chapter highlights the challenges that the transformation programme must face, stressing in particular the need to ensure much improved access to justice. It considers briefly the importance of public legal education in helping people understand their legal rights and obligations and the need for a properly funded programme of public legal education.

scholarly journals Editorial: political abuse of psychiatry in authoritarian systems

2013 ◽  
Vol 30 (2) ◽  
pp. 97-102
Author(s):  
J. P. Tobin
Keyword(s):  
Mental Health ◽  
Mental Health Professionals ◽  
Legal System ◽  
Health Professionals ◽  
Political System ◽  
Legal Rights ◽  
The Political ◽  
Diagnostic Categories ◽  
The Past ◽  
The Individual

We are painfully aware: Psychiatry in some states of the international community is often used to subvert the political and legal guarantees of the freedom of the individual and to violate seriously his human and legal rights (Daes,1986).ObjectiveIt can be politically convenient to incarcerate political opponents in a psychiatric hospital. It saves any potential political embarrassment that a judicial trial may present. It also undermines the credibility of opponents by labelling them with the stigma of being mentally insane. For this to occur, there has to be the acquiescence of mental health professionals and a subservient legal system.MethodThis article examines the abuse of psychiatry in two authoritarian systems, Russia and China.ResultNew diagnostic categories such as sluggish schizophrenia were created to facilitate the silencing of dissenters and were a source of self-deception for psychiatrist to placate their consciences as they operated as a tool of oppression on behalf of a political system.ConclusionIf we do not know the past, we will be condemned to repeat it.

Imperfect Duty: Lawyers’ Obligation to Foster Access to Justice

2008 ◽  
pp. 107 ◽  
Author(s):  
Alice Woolley
Keyword(s):  
Legal System ◽  
Policy Response ◽  
Access To Justice ◽  
Legal Services ◽  
Imperfect Duty ◽  
Special Obligation ◽  
Legal Market ◽  
Integral Component

Access to justice is an integral component of the legal system. However, the question of upon whose shoulders the obligation of ensuring this access should fall has been widely debated. In particular, do lawyers, as part ofthe legalprofession, have a special obligation to foster access to justice? In this article, the author explores the legitimacy of various arguments with respect to whether lawyers should carry this obligation to a greater extent than other members of society. The author begins by critiquing the traditional arguments related to imposing such an obligation on lawyers — for instance, the refined monopoly arguments. She then goes on to critically consider an alternative argument: that imperfections in the marketfor legal services justify the existence of a special obligation for lawyers. An examination of the limitations of this justification follows. Overall, the author concludes that while the arguments arising from imperfections in the legal market offer the best justification for seeing lawyers have a special obligation to ensure access tojustice, the claims from the argument are modest ones, and any policy response in furtherance of such an obligation should be similarly modest.

Adab Konstitusi; Upaya Meluruskan Kesesatan Pikir Konstitusi

2017 ◽  
Vol 1 (1) ◽  
Author(s):  
Yogi Prasetyo
Keyword(s):  
Legal System ◽  
The Political ◽  
Legal Basis ◽  
Political Interests ◽  
The World

The Constitution as the legal basis for formation of legislation in the system of Indonesia. The misuse of the constitution (UUD 1945) by the political interests of goverment caused mislead and made the situation of the nation getting worse. Liberal capitalistic value wrapped in modern positivistic legal system that puts the ratio had diverge from culture constitution. needs to be clarified with the balance of conscience through culture constitution. Culture constitution is a constitutional concept who saw citizen of Indonesia as creatures of God by virtue of intelligence and unseen. So with that constitution is formed, conceived and executed to be qualified and to bring the benefit of the world and the hereafter.

‘Not bullet proof’: The complex choice not to seek a civil protection order for intimate partner violence

2021 ◽  
Vol 27 (2) ◽  
pp. 173-195
Author(s):  
Jill Theresa Messing ◽  
Meredith E Bagwell-Gray ◽  
Allison Ward-Lasher ◽  
Alesha Durfee
Keyword(s):  
Intimate Partner Violence ◽  
Legal System ◽  
Partner Violence ◽  
Structural Changes ◽  
The United States ◽  
Intimate Partner ◽  
Access To Justice ◽  
System Resource ◽  
Survey Responses ◽  
Protection Order

Protection orders (POs) are one legal system resource available to survivors of intimate partner violence. Many survivors choose not to obtain a PO, yet prior research has not examined the perspectives of these survivors. This study examined the open-ended survey responses ( n = 308) regarding the choice not to obtain a PO by survivors residing in emergency shelters in the United States. Content analysis indicated that many survivors made deliberate decisions to not seek safety through this venue. Survivors indicated that a PO may increase their partner’s violence, identified substantial barriers, evaluated a PO as unnecessary, preferred alternative strategies, were dealing with complex partner dynamics, and chose to protect their loved ones by not seeking a PO. Women with marginalized identities, in particular, indicated that there are multiple costs to seeking interventions within the legal system. Structural changes are needed within the legal system to facilitate access to justice for survivors.

The Political role of the judiciary : The Belgian case

Res Publica ◽  
1970 ◽  
Vol 38 (2) ◽  
pp. 371-384
Author(s):  
Lode Van Outrive
Keyword(s):  
Easy Access ◽  
The Political ◽  
Access To Justice ◽  
Selection System ◽  
Advisory Body ◽  
Political Role ◽  
Administration Of Justice ◽  
External Conditions ◽  
Recruitment And Selection

We set out by tracking the political vicissitudes of the administration of justice and their connections with a range of phenomena: the neglect by politicians; a series of events and scandals and the very curious reactions of the judicial apparatus; several parliamentary investigation commissions without much effect. Then we take a critical look at partisan politicisation of the magistrature: negative evalution of their output thrives to it; but there are also partisan appointments and promotions, even absence and refusal of training. Many contextual factors hinder a normal, acceptable process of politicisation: over- and underregulation, bad legislation, misconception on contra! over the administration of justice and over judges, non-democratic decisionmaking within the organisation of the magistrature, the development of wrong relationship inside the trias politica; but also other more external conditions were not met neither.  We wind up with an examination of the assesment of recent governmental proposals: an improvement of criminal and judicial inquiries; foundation of a national advisory body for the magistrature; simplification of the legislation; modernisation of the courts activities; a more objective recruitment and selection system; more easy access to justice etc. The question raises as to wether it suffices to tinker with the sy stem of the administration of justice alone ... Between the Belgian and the Italian situations are similarities and relevant differences. 

scholarly journals Los procesos secesionistas y el derecho europeo

2016 ◽  
pp. 347
Author(s):  
Javier Tajadura Tejada
Keyword(s):  
European Union ◽  
Member State ◽  
Legal System ◽  
Constitutional Law ◽  
The Political ◽  
European Law ◽  
The European Union ◽  
European Citizenship ◽  
Regional Authorities

Este artículo analiza en primer lugar el significado de la secesión en el Derecho Internacional y en el Derecho Constitucional. Asimismo, examina cómo se aborda el fenómeno de la secesión en el Derecho comunitario europeo. Esto obliga a estudiar dos tipos de problemas: por un lado, el de la secesión de un Estado miembro respecto de la propia Unión; por otro, el de la fragmentación de un Estado miembro por la secesión de una parte de su territorio. La conclusión es que la conservación o fragmentación de un Estado miembro de la Unión Europea no es un asunto interno: la secesión de partes de un territorio afecta al sistema político europeo en su conjunto, en la medida en que es una forma de integración federal donde no caben actos unilaterales que quebranten el principio de lealtad federal de la Unión y la ciudadanía europea que ha ido conformándose en las últimas décadas.This article analyzes the meaning of secession in international and constitutional law. It also examines the phenomenon of secession in European law. This requires studying two types of problems: the secession of a member state of the European Union and the fragmentation of a Member State for the secession of part of its territory. The conclusion is that conservation or fragmentation of a Member State of the European Union is not an internal matter. In our opinión, the political and legal system of the Union can be characterized also federally, which prevents the national and regional authorities to carry out unilateral acts that go against the principle of Community federal loyalty and European citizenship.

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