scholarly journals Courts and Access to Justice

2000 ◽  
Vol 31 (1) ◽  
pp. 163 ◽  
Author(s):  
I L M Richardson
Keyword(s):  
New Zealand ◽  
Fine Tuning ◽  
Access To Justice ◽  
Court System ◽  
Legal Aid ◽  
The Public ◽  
Societal Values ◽  
Basic Functions ◽  
Court Of Appeal ◽  
Over Time

(This article was presented as a lecture at the Australasian Law Teachers' Association Conference held at Victoria University of Wellington, 6 July 1999.) Ensuring access to justice is one of the most basic functions of the state. The author discusses the role and functioning of the Court of Appeal, the operation of the legal aid system in New Zealand, and the extent to which the operations of the court system should be open to the public. It is argued that any system of justice should reflect the values of its society. The author concludes that what is thought desirable in these three areas will change over time, and that there will always be a need for fine-tuning in light of societal values.

Granting Immunity: Authorisation and “Public Benefit”

2020 ◽  
pp. 231-263
Author(s):  
Rex Ahdar
Keyword(s):  
New Zealand ◽  
Cost Benefit ◽  
The Public ◽  
Public Benefits ◽  
Local Companies ◽  
Court Of Appeal ◽  
Total Welfare ◽  
Term Benefit ◽  
Over Time

This chapter analyses the authorisation mechanism—a demanding cost-benefit test for those applicants who seek advance approval of their potentially contravening conduct. The “public benefits” and detriments the Commission can assess under this test are very broad. The potentially relevant matters go well beyond economic efficiencies to intangible and unquantified gains or harms. A thorny issue has been the distributional question. Does the Act have an implicit bias in favour of consumers when it comes to weighing benefits and detriments? Must benefits be passed on to consumers? The Chicagoan thinking came to dominate and the Commission pronounced it was “neutral” regarding wealth transfers from consumers to producers. The 2001 Amendment, which altered the purpose of the Act to clarify that competition operated for the long-term benefit of New Zealand consumers, did not initially alter the Chicagoan stance. Over time, however, the purely neutral stance towards wealth transfers has been eroded. The Court of Appeal decided that private gains, redounding solely to the companies alone, were not sufficient. “Modified total welfare” arrived as a new term in the New Zealand antitrust lexicon. The chapter also analyses the non-neutral stance where the benefits go to foreign owners of local companies.

Online Courts and the Future of Justice

2019 ◽  
Author(s):  
Richard Susskind
Keyword(s):  
Legal Rights ◽  
Access To Justice ◽  
Legal Services ◽  
Court System ◽  
The Public ◽  
Judicial Decisions ◽  
The Future ◽  
Global Access ◽  
Legal Technology

In Online Courts and the Future of Justice, Richard Susskind, the world’s most cited author on the future of legal services, shows how litigation will be transformed by technology and proposes a solution to the global access-to-justice problem. In most advanced legal systems, the resolution of civil disputes takes too long, costs too much, and the process is not just antiquated; it is unintelligible to ordinary mortals. The courts of some jurisdictions are labouring under staggering backlogs - 100 million cases in Brazil, 30 million in India. More people in the world now have internet access than access to justice. Drawing on almost 40 years in the fields of legal technology and jurisprudence, Susskind shows how we can use the remarkable reach of the internet (more than half of humanity is now online) to help people understand and enforce their legal rights. Online courts provide 'online judging' - the determination of cases by human judges but not in physical courtrooms. Instead, evidence and arguments are submitted through online platforms through which judges also deliver their decisions. Online courts also use technology to enable courts to deliver more than judicial decisions. These 'extended courts' provide tools to help users understand relevant law and available options, and to formulate arguments and assemble evidence. They offer non-judicial settlements such as negotiation and early neutral evaluation, not as an alternative to the public court system but as part of it. A pioneer of online courts, Susskind maintains that they will displace much conventional litigation. He rigorously assesses the benefits and drawbacks, and looks ahead, predicting how AI, machine learning, and virtual reality will likely come to dominate court service.

Last Chance for Justice

2019 ◽  
pp. 308-338
Author(s):  
Carolyn Hoyle ◽  
Mai Sato
Keyword(s):  
Decision Making ◽  
Forensic Science ◽  
Referral Rate ◽  
Access To Justice ◽  
Legal Aid ◽  
Criminal Cases ◽  
Real Possibility ◽  
The Real ◽  
Court Of Appeal ◽  
Science Evidence

This concluding chapter summarises the book's key findings and examines the main cultural and structural influences on the Criminal Cases Review Commission's decision-making. It begins with a discussion of three significant changes to the Commission's ‘surround’: reductions in legal aid for defendants and appellants; growing evidence of non-disclosure of potentially exculpatory evidence by police and prosecution; and the declining reliability of forensic science evidence. The chapter then considers the critics' claim that the Commission's referral rate is too low and how this raises concerns about access to justice, along with developments in the surround in relation to the ‘field’ and the ‘frame’. It also analyses variability in the Commission's response to cases and its relationship with various ‘stakeholders’. Finally, it looks at the notion that the Commission is too ‘deferential’ to the Court of Appeal when it comes to making decisions about which cases meet the ‘real possibility test’.

HAK ASASI MANUSIA DALAM PERSPEKTIF UNDANG-UNDANG NOMOR 16 TAHUN 2011 TENTANG BANTUAN HUKUM

2016 ◽  
Vol 2 (1) ◽  
pp. 43-66
Author(s):  
Dadang Suprijatna
Keyword(s):  
Law Enforcement ◽  
Public Understanding ◽  
Poor People ◽  
Access To Justice ◽  
Legal Aid ◽  
Law Enforcement Agencies ◽  
The Public ◽  
Legal Structure ◽  
Inspection Process ◽  
The Right

 This study aims to answer how the implementation of legal aid as access to justice for poor people? And any obstacles encountered in the implementation of legal aid? From the results of studies conducted with methods and rules of studies in jurisprudence showed that the implementation of legal aid for people who could not be implemented properly for their deviations in practice, such as the implementation of legal assistance through mentoring new advocate can be enjoyed by the public at the time of inspection advanced not at the time of the initial inspection and the inspection process is ongoing, but without the presence of lawyers, can still be found action advocates who refuse to provide legal aid, as advocates considered less professional and discrimination in the implementations of legal aid. The factors inhibiting the implementation of legal aid for poor people can be classified and divided into three factors namely, the factor of the substance of the law, a factor legal structure, and the cultural factors of law or culture of the community and law enforcement agencies, such as the lack of public understanding of the right to legal aid refers on mistrust, pessimism and skepticism towards the implementation of legal aid, and elements of attitudes, values, ways of acting and thinking advocates leading to the attitudes or actions of irregularities. Factors that inhibit community is negative community views on the implementation of legal aid as well as concerns in the use of legal aid.

The Conceptualisation of Pro Bono in Singapore

2014 ◽  
Vol 9 ◽  
pp. 97-143 ◽  
Author(s):  
Helena Whalen-Bridge
Keyword(s):  
North American ◽  
Access To Justice ◽  
Legal Services ◽  
Legal Aid ◽  
Pro Bono ◽  
Over Time

Abstract“Pro bono” is a familiar phrase in North American jurisdictions that generally refers to a lawyer’s provision of free legal services to indigent persons. The phrase “pro bono” has also come to imply a particular approach to a lawyer’s relationship to indigent persons, one that stresses the obligatory as opposed to the charitable nature of the services provided. To what extent has this phrase, and its conceptualisation of a lawyer’s role, been used in Asian jurisdictions? This article examines how one Asian jurisdiction, Singapore, conceptualises a lawyer’s relationship to indigent persons by examining newspaper usage of phrases describing legal services for indigent persons. The article argues that changes in usage over time, from free legal services and legal aid to inclusion of pro bono, coupled with increased discussions of access to justice, represent a shift to a more obligatory concept of indigent legal services. An obligatory conceptualisation potentially exerts greater pressure on lawyers to provide indigent legal services, but can also exert pressure to revise the historical lack of broad-based government funded criminal legal aid in Singapore.

scholarly journals Award, Agreement or Nothing? A Review of the Impact of S132(a) of the Labour Relations Act 1987 on Collective Bargaining

1970 ◽  
Vol 17 (2) ◽  
Author(s):  
Raymond Harbridge ◽  
Stuart McCaw
Keyword(s):  
New Zealand ◽  
Collective Bargaining ◽  
Industrial Relations ◽  
Collective Agreement ◽  
Court System ◽  
Labour Relations ◽  
The Media ◽  
The Impact ◽  
Court Of Appeal

The on-going saga of the G.N. Hale redundancy dispute appears now to have run its course. From grievance committee, to the Labour Court, to the Court of Appeal, and back to the Labour Court, the case has attracted considerable attention - from the media and naturally from industrial relations practitioners, eager to learn the view of the New Zealand court system on the vexed matter of redundancy compensation. In the most recent Labour Coun decision on Hale (WLC89/90), Goddard C J held that while the employer was able to prove that the worker was genuinely made redundant the dismissal was unjustifiable because "the circumstances called for the payment of compensation; none was paid; and the amount that was offered and refused was fixed by unilateral decision of the employer and was inadequate". The effect of this decision is profound. Employers planning to make employees redundant have a new set of requirements to meet before their actions can be taken as justifiable. While it will remain the case that there is no right to compensation for a dismissal on the grounds of redundancy unless that right is conferred by a redundancy agreement or by an award or collective agreement, there may still be a right to compensation if the dismissal, although genuinely on the grounds of redundancy, is unjustifiable and thereby gives rise to a successful personal grievance. An employer will now need to focus on the circumstances of the redundancy to detetuaine whether it calls for compensation and where it does, the employer will need to offer, and have accepted, compensation that is both adequate and negotiated.

scholarly journals Legislative and jurisprudential guidelines concerning public judicial aid. Jurisprudence of Constitutional Court of Romania relevant in the field

2018 ◽  
pp. 27-40
Author(s):  
ANCA-JEANINA NIȚĂ
Keyword(s):  
Theoretical Perspective ◽  
Case Law ◽  
Free Access ◽  
Access To Justice ◽  
Constitutional Court ◽  
Legal Practice ◽  
Legal Aid ◽  
High Court ◽  
The Public ◽  
Fundamental Law

This article aims to bring to the forefront the issue of public legal aid by carrying out an analysis that combines the theoretical perspective with the jurisprudential one. It presents the normative framework, the doctrinal approaches, the legal practice in the field, with emphasis on the legal provision that generated non-unitary practice. The article presents the attempts to harmonize the legal practice, displaying the opinions expressed during the Meetings of the representatives of the Superior Council of Magistracy with the presidents of the civil department of the High Court of Cassation and Justice and the courts of appeal. Taking into account that public legal aid is one of the prerequisites for free access to justice – fundamental law, constitutionally guaranteed, it is particularly important to present the case law of the Romanian Constitutional Court in the matter, focusing on the acceptance of ECHR case law within the constitutional control of the public legal aid framework regulation – Government Emergency Ordinance no. 51/2008.

scholarly journals Recent Redundancy Agreements: a Content Analysis

1970 ◽  
Vol 17 (1) ◽  
Author(s):  
Raymond Harbridge
Keyword(s):  
Content Analysis ◽  
New Zealand ◽  
Industrial Relations ◽  
Collective Agreement ◽  
Court System ◽  
The Media ◽  
Court Of Appeal

The on-going saga of the G.N. Hale redundancy dispute appears now to have run its course. From grievance committee, to the Labour Coun, to the Court of Appeal, and back to the Labour Court, the case has attracted considerable attention - from the media and naturally from industrial relations practitioners, eager to learn the view of the New Zealand court system on the vexed matter of redundancy compensation. In the most recent Labour Coun decision on Hale (WLC89/90), Goddard C J held that while the employer was able to prove that the worker was genuinely made redundant the dismissal was unjustifiable because "the circumstances called for the payment of compensation; none was paid; and the amount that was offered and refused was fixed by unilateral decision of the employer and was inadequate". The effect of this decision is profound. Employers planning to make employees redundant have a new set of requirements to meet before their actions can be taken as justifiable. While it will remain the case that there is no right to compensation for a dismissal on the grounds of redundancy unless that right is conferred by a redundancy agreement or by an award or ,collective agreement, there may still be a right to compensation if the dismissal, although genuinely on the grounds of redundancy, is unjustifiable and thereby gives rise to a successful personal grievance. An employer will now need to focus on the circumstances of the redundancy to detetuaine whether it calls for compensation and where it does, the employer will need to offer, and have accepted, compensation that is both adequate and negotiated.

The Conceptualisation of Pro Bono in Singapore

2014 ◽  
Vol 9 (1) ◽  
Author(s):  
Helena Whalen-Bridge
Keyword(s):  
North American ◽  
Access To Justice ◽  
Legal Services ◽  
Legal Aid ◽  
Pro Bono ◽  
Over Time

Abstract“Pro bono” is a familiar phrase in North American jurisdictions that generally refers to a lawyer’s provision of free legal services to indigent persons. The phrase “pro bono” has also come to imply a particular approach to a lawyer’s relationship to indigent persons, one that stresses the obligatory as opposed to the charitable nature of the services provided. To what extent has this phrase, and its conceptualisation of a lawyer’s role, been used in Asian jurisdictions? This article examines how one Asian jurisdiction, Singapore, conceptualises a lawyer’s relationship to indigent persons by examining newspaper usage of phrases describing legal services for indigent persons. The article argues that changes in usage over time, from free legal services and legal aid to inclusion of pro bono, coupled with increased discussions of access to justice, represent a shift to a more obligatory concept of indigent legal services. An obligatory conceptualisation potentially exerts greater pressure on lawyers to provide indigent legal services, but can also exert pressure to revise the historical lack of broad-based government funded criminal legal aid in Singapore.

scholarly journals Making sense of COVID-19 over time in New Zealand: Assessing the public conversation using Twitter

PLoS ONE ◽  
2021 ◽  
Vol 16 (12) ◽  
pp. e0259882
Author(s):  
Hamed Jafarzadeh ◽  
David J. Pauleen ◽  
Ehsan Abedin ◽  
Kasuni Weerasinghe ◽  
Nazim Taskin ◽  
...  
Keyword(s):  
New Zealand ◽  
Topic Modeling ◽  
Policy Makers ◽  
The Public ◽  
Making Sense ◽  
Large Pool ◽  
The World ◽  
The Moment ◽  
Development And Evolution ◽  
Over Time

COVID-19 has ruptured routines and caused breakdowns in what had been conventional practice and custom: everything from going to work and school and shopping in the supermarket to socializing with friends and taking holidays. Nonetheless, COVID-19 does provide an opportunity to study how people make sense of radically changing circumstances over time. In this paper we demonstrate how Twitter affords this opportunity by providing data in real time, and over time. In the present research, we collect a large pool of COVID-19 related tweets posted by New Zealanders–citizens of a country successful in containing the coronavirus–from the moment COVID-19 became evident to the world in the last days of 2019 until 19 August 2020. We undertake topic modeling on the tweets to foster understanding and sensemaking of the COVID-19 tweet landscape in New Zealand and its temporal development and evolution over time. This information can be valuable for those interested in how people react to emergent events, including researchers, governments, and policy makers.

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