scholarly journals Taking Local Agency Seriously: Practical Hybrids and Domestic Violence in Timor-Leste

2015 ◽  
Vol 22 (3) ◽  
pp. 435-458 ◽  
Author(s):  
Tom Kirk
Keyword(s):  
Domestic Violence ◽  
Justice System ◽  
State Building ◽  
Vulnerable Groups ◽  
Access To Justice ◽  
Legal Aid ◽  
International Organisations ◽  
Checks And Balances ◽  
Timor Leste ◽  
Governance Practices

For many observers, state-building in Timor-Leste has overlooked and undermined local norms and governance practices, resulting in a potentially destabilising distance between citizens and the state. The emerging state justice system has been singled out for imposing inaccessible and alien institutions onto a population that has historically fought to retain its identity. Nonetheless, viewing access to justice as central to development and peace, local and international organisations continue to work to aid the equitable and swift resolution of disputes. Drawing upon qualitative fieldwork that examined a recent legal aid and paralegal programme, this article argues that some of these efforts are addressing earlier criticisms through the creation of practical hybrids; practices that use both imported and existing social norms to fulfil their clients’ needs. However, the article concludes that such programmes should identify opportunities to introduce checks and balances that can further protect the vulnerable groups.

7. The family justice system

2021 ◽  
pp. 197-217
Author(s):  
Martin Partington
Keyword(s):  
Domestic Violence ◽  
Child Support ◽  
Justice System ◽  
Family Law ◽  
Institutional Framework ◽  
Family Court ◽  
Legal Aid ◽  
System P ◽  
The Family ◽  
Domestic Violence And Abuse

This chapter discusses the family justice system. It considers the role law plays in regulating the family. The chapter covers the institutional framework of family justice and its transformation. It notes the creation of the Family Court and the pressures on that court. It reviews the remedies which are available in that court, in particular those relating to the protection of children. The chapter briefly considers adoption. It considers other matrimonial matters, in particular the introduction of no-fault divorce and the financial effects of divorce. It considers policy relating to child support, and notes changes to ways of dealing with domestic violence and abuse. It considers the legal practitioners involved in family law issues and how they seek to deal with family disputes on a less adversarial basis. The effect of changes to legal aid for funding for family law cases is discussed.

Trials in absentia and the cuts to criminal legal aid

2014 ◽  
Vol 78 (6) ◽  
pp. 486-510
Author(s):  
Paul Willey
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Access To Justice ◽  
Legal Aid ◽  
Magna Carta ◽  
The Right ◽  
The Impact ◽  
Irreparable Damage

The swingeing cuts to criminal legal aid may do irreparable damage to the defence side of the equality of arms. Coupled with this, the case of R v Jones gives the judge discretion to try in the defendant’s absence without representation or being present as a litigant-in-person. It is arguable that the defendant’s right to be heard will be chipped away at until the defence side is left legally crippled. The enactment of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 is insular and neglects the defendant’s rights systemically. Without an adequate defence, squalid injustice will permeate and reverberate throughout the criminal justice system. Defendants cannot be corralled into court without the assistance of an advocate. The impact of the cuts falls on the litigant-in-person, thereby delimiting access to justice. Thus it disallows the opportunity to raise a proper defence. The sequela of the attack against the defence is a retreat back to the pre-1690s when defendants had very limited chances of being represented. Expense should not quell the right to be heard. Will the 2012 Act administer the coup de grace to the right to be heard or will Magna Carta be a heaven-sent ancient bulwark against this threat?

7. The family justice system

2019 ◽  
pp. 191-209
Author(s):  
Martin Partington
Keyword(s):  
Domestic Violence ◽  
Child Support ◽  
Justice System ◽  
Family Law ◽  
Institutional Framework ◽  
Family Court ◽  
Legal Aid ◽  
System P ◽  
The Family ◽  
The Creation

This chapter discusses the family justice system. It considers the role law plays in regulating the family. The chapter covers the institutional framework of family justice and its transformation. It notes the creation of the Family Court and the pressures on that court. It reviews the remedies which are available in that court, in particular those relating to the protection of children. The chapter briefly considers adoption. It considers other matrimonial matters, in particular the financial effects of divorce. It considers policy relating to child support, and notes changes to ways of dealing with domestic violence. It considers the legal practitioners involved in family law issues and how they seek to deal with family disputes on a less adversarial basis. The effect of changes to legal aid for funding for family law cases is discussed.

The English Legal System

2019 ◽  
Author(s):  
Alisdair Gillespie ◽  
Siobhan Weare
Keyword(s):  
Legal System ◽  
Alternative Dispute Resolution ◽  
Justice System ◽  
Judicial Independence ◽  
Civil Litigation ◽  
Access To Justice ◽  
Legal Aid ◽  
Police Powers ◽  
System P ◽  
Civil Justice System

The English Legal System presents the main areas of the legal system and encourages a critique of the wider aspects of how law is made and reformed. The book is structured in five parts. Part I looks at the sources of law including domestic and international sources. Part II looks at the courts and the practitioners. It considers the structure of the courts and tribunals, judges and judicial independence, and the legal professions. Part III examines the criminal justice system. It begins by looking at police powers and the decision to charge and prosecute a suspect. It describes issues related to lay justice, trials, and criminal appeals, including access to justice and legal aid. The next part is about the civil justice system. It looks at civil litigation, remedies, appeals and alternative dispute resolution, as well as the funding of civil litigation. The final part looks to the future.

scholarly journals Access to Justice through Legal Aid: A Study in Bangladesh

2017 ◽  
Vol 1 (1) ◽  
pp. 22-32
Author(s):  
Rabiul Islam
Keyword(s):  
Rule Of Law ◽  
Justice System ◽  
Present Condition ◽  
Access To Justice ◽  
Legal Aid ◽  
The People ◽  
Judicial Administration ◽  
The Rich ◽  
Criminal Matters

Equal access to justice for the rich and poor alike is prerequisite to the maintenance of the rule of law. But the justice system through judicial administration is very costly in Bangladesh and that cost has been the most difficult factor for the poor and vulnerable sectors of people in case of getting justice. Thus an adequate legal aid system is one of the effective ways to ensure access to justice as well as to establish rule of law. In this paper attempts have been made to examine the present condition of the legal aid services in Bangladesh, the establishment and functions of the different legal aid committees but, importance is especially given to the local govt. level where legal aid services are provided by the District, Upazila and Union Legal Aid Committees. The study compares the role of the govt. and non- govt. organizations in dissemination of legal aid services among the people who do not manage themselves to get proper remedy due to various limitations and discriminations. After reviewing the collected data and analysis of these, it has observed that the cases to which legal aid services are provided include both the civil and criminal matters and the cases relating to family affairs. Finally conclusion is drawn after evaluating the activities of the aforesaid organizations and by making substantial recommendations to the concerned authority.

Access to Justice 4 Known or Potential Extremists?

2016 ◽  
Vol 27 (1-2) ◽  
pp. 94-115
Author(s):  
Quirine Eijkman ◽  
Josien Roodnat
Keyword(s):  
Justice System ◽  
Legal Protection ◽  
Access To Justice ◽  
Structured Interviews ◽  
Checks And Balances ◽  
Policy Documents ◽  
Municipal Authority ◽  
Professional Perspective ◽  
Violent Extremism

This article discusses, from the local professional perspective, access to justice for person-specific interventions to prevent or counter (violent) extremism in Europe. Using a Dutch case study it focusses on legal protection for hand-tailored interferences that are part of a wider-ranging counter-terrorism policy. While the so-called person-specific interventions, carried out by professionals, target designated high-risk individuals and groups, it is primarily the municipal authority that coordinates these criminal –, administrative – or social based measures. Furthermore, although researchers and human rights advocates have repeatedly sounded the alarm over access to justice for those affected, little research has been done into how those responsible for implementation perceive the necessity of legal protection. Also, the potential side-effects such as executive arbitrariness are modestly reflected in the literature. Henceforth, by reviewing policy documents and conducting semi-structured interviews, this exploratory study concludes that as far as legal protection for hand-tailored interferences are concerned, local professionals have faith in the checks and balances of the criminal justice system. Yet from their perspective this was less self-evident in cases of administrative – or social measures. Therefore, one may wonder if legal protections for person-specific interventions that deal with (potential) extremists are sufficient in practice.

7. The family justice system

2018 ◽  
Author(s):  
Martin Partington
Keyword(s):  
Domestic Violence ◽  
Child Support ◽  
Justice System ◽  
Family Law ◽  
Institutional Framework ◽  
Family Court ◽  
Legal Aid ◽  
System P ◽  
The Family

This chapter discusses the family justice system. It considers the role law plays in regulating the family. It covers the institutional framework of family justice and its transformation; creation of the family court; the remedies available in that court; adoption; other matrimonial matters. It considers policy relating to child support, and notes changes to ways of dealing with domestic violence. It considers the legal practitioners involved in family law issues and changes to legal aid for funding for family law cases.

7. The family justice system

2017 ◽  
Author(s):  
Martin Partington
Keyword(s):  
Domestic Violence ◽  
Child Support ◽  
Justice System ◽  
Family Law ◽  
Institutional Framework ◽  
Family Court ◽  
Legal Aid ◽  
System P ◽  
The Family

This chapter discusses the family justice system. It considers the role law plays in regulating the family. It covers the institutional framework of family justice; creation of the family court; the remedies available in that court; adoption; other matrimonial matters. It considers policy relating to child support, and notes changes to ways of dealing with domestic violence. It considers the legal practitioners involved in family law issues and changes to legal aid for funding for family law cases.

A Review of the 2010 Domestic Violence Law in Timor-Leste

2013 ◽  
Vol 8 ◽  
pp. 1-26 ◽  
Author(s):  
Jeswynn Yogaratnam
Keyword(s):  
Domestic Violence ◽  
Justice System ◽  
Health Care Services ◽  
Legal Framework ◽  
Cultural Relativism ◽  
Care Services ◽  
Resolution System ◽  
Timor Leste ◽  
The Impact ◽  
Domestic Violence Law

AbstractIn July 2010 the Timor-Leste Government promulgated the Law Against Domestic Violence. This is part of a constitutional promise to improve women and child security. Inherent in this development is the shift from traditional dispute resolution system to a state criminal justice system. This shift identifies domestic violence as a public crime and relies on greater participation from the stakeholders of domestic violence, i.e., the police, prosecution, legal services, health care services, social care services and community leaders. This paper examines the legal framework of the new domestic violence law and the impact on the stakeholders in delivering the legal obligation to promote women and child security in Timor-Leste. Inherent in this discussion is the question of whether the new law can reform the traditional justice system, change community behaviour and meet the competing challenges of cultural relativism in each district of Timor-Leste.

scholarly journals Urgensi Penyelenggaraan Bantuan Hukum Bagi Masyarakat Miskin Oleh Pemerintah Daerah

2016 ◽  
Vol 3 (2) ◽  
pp. 137-152
Author(s):  
Bachtiar Baital
Keyword(s):  
Local Governments ◽  
Equal Treatment ◽  
Vulnerable Groups ◽  
Poor People ◽  
Access To Justice ◽  
Legal Aid ◽  
Political Will ◽  
Regional Autonomy ◽  
The Face ◽  
The Republic

Abstract: Implementation of legal assistance by local governments that are formalized into a regional regulation is essential in order to ensure and realize equality before the law and access to justice for everyone, especially the poor as vulnerable groups with legal problems. For local governments, the provision of legal aid is a form of commitment and political will of local governments within the framework of regional autonomy aimed at providing protection to their citizens, one of which relates to access to justice as the principle of equal treatment in the face of law and government with no exception as set forth in Article 27 paragraph (1) of the 1945 Constitution of the Republic of Indonesia.Keywords: Legal Aid, Poor People, Local Government Abstrak: Penyelenggaraan bantuan hukum oleh pemerintah daerah yang diformilkan ke dalam suatu peraturan daerah sangat diperlukan dalam rangka untuk menjamin dan mewujudkan persamaan dihadapan hukum dan akses pada keadilan bagi setiap orang terutama masyarakat miskin sebagai kelompok masyarakat yang rentan bermasalah dengan hukum. Bagi pemerintah daerah, penyelenggaraan bantuan hukum merupakan bentuk komitmen dan political will pemerintah daerah dalam kerangka otonomi daerah yang ditujukan untuk memberikan perlindungan kepada warganya, salah satunya berkaitan dengan akses pada keadilan sebagai pengejewantahan prinsip perlakuan yang sama di hadapan hukum dan pemerintahan dengan tanpa kecuali sebagaimana dituangkan dalam Pasal 27 ayat (1) UUD NRI Tahun 1945.Kata Kunci: Bantuan Hukum, Masyarakat Miskin, Pemerintah Daerah

Sign in / Sign up

Export Citation Format

Share Document