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.

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 Effectiveness of Arbitration as an Alternative Dispute Resolution in Bangladesh

2021 ◽  
Vol 2 (1) ◽  
pp. 15-40
Author(s):  
Md. Nazmul Haq ◽  
Jannatul Ferdous ◽  
Rajib Chandra Das
Keyword(s):  
Dispute Resolution ◽  
Rural Areas ◽  
Alternative Dispute Resolution ◽  
Justice System ◽  
Formal System ◽  
Political Influence ◽  
Poor People ◽  
Informal Justice ◽  
Justice Systems ◽  
The Village

The structured legal system of Bangladesh is costly and takes a long time to complete. As a result, poor citizens in rural areas can seldom seek justice through the formal judicial process. The costs of hiring a lawyer, the time and money expended in court, and the amount of talent, schooling, and experience needed to litigate all act as roadblocks to justice. As a result, poor people prefer or have no choice but to use conventional justice systems such as Shalish. However, Shalish is a very informal type of local judicial practice that heavily influences rural society’s power structure. With time, people with special interests and musclemen dominate the informal justice system at the village level. Alternative dispute resolution (ADR) had arisen in the Indian subcontinent to improve the village justice system's condition. For the past 35 years, the state-led rural justice system, such as Shalish and village court, has played an essential role in resolving petty rural litigation, but at a sluggish and informal pace. In the evolving landscape of rustic political influence, this age-old court is having difficulty dispensing justice to the countryside citizens. The study looked at the existing rural informal justice systems in Bangladesh, especially the Union Parishad-led ADR, and argued that, if adequately enabled and revamped, this justice system could be a desirable alternative to the formal system of justice for people living in rural areas. The study aimed to recognize the obstacles that the Union Parishad faces in dispensing justice, both directly and indirectly (UP).

scholarly journals Coexistence between the Formal and Informal Justice Systems in Ethiopia: Challenges and Prospects

2012 ◽  
Vol 5 (3) ◽  
pp. 269-293
Author(s):  
Tsehai Wada Wourji
Keyword(s):  
Formal System ◽  
Nation Building ◽  
Legal Systems ◽  
Informal System ◽  
Informal Justice ◽  
The Future ◽  
Justice Systems ◽  
The Many

Abstract Though Ethiopia has never been colonized, the voluntary importation of European laws and the exercise in nation building has resulted in a situation whereby the formal and informal legal systems have to coexist in harmony or disharmony. Both systems are extant, though the future appears to be favourable for the prevalence of the formal system. This article argues that the informal system is showing signs of irrelevance and may be prevailed by the formal. It also counsels that the formal system should be helped to cleanse itself from the many shortcomings that are challenging its relevance and legitimacy.

6. The administrative justice system

2019 ◽  
pp. 156-190
Author(s):  
Martin Partington
Keyword(s):  
Justice System ◽  
Modern Society ◽  
Administrative Law ◽  
The State ◽  
Institutional Framework ◽  
Members Of Parliament ◽  
System P ◽  
The Relationship ◽  
Administrative Justice

This chapter focuses on administrative justice. It reflects on the nature of administrative law and the role it plays in modern society, overseeing the relationship between the citizen and the state. Again adopting the holisitic approach, the chapter discusses not only the role of the courts, but also the tribunals, ombudsmen, and other bodies and processes that together make up the institutional framework of administrative justice. It notes some of the key changes being introduced as a result of the current transformation programme. It also considers the particular responsibilities of Members of Parliament in holding government to account. In addition, it asks who has general oversight of the system and whether current oversight arrangements are adequate.

The bounded incentive effect of informal institutions

2019 ◽  
Vol 10 (2) ◽  
pp. 207-232
Author(s):  
Yilin Zhang ◽  
Dongling Cai ◽  
Fansheng Jia ◽  
Guangzhong Li
Keyword(s):  
Executive Compensation ◽  
Formal System ◽  
Governance Mechanism ◽  
Content Type ◽  
The Sustainable Development ◽  
Informal System ◽  
Corporate Governance Mechanism ◽  
New Perspective ◽  
Compensation Incentives

Purpose This paper aims to mainly investigate the role of trust, which is an important informal system, in executive compensation incentives. Design/methodology/approach Using the data of Chinese A-share private enterprises from 2003 to 2014, the paper estimates the effect that trust has on executive compensation incentives. Findings Results indicate that trust can significantly enhance the effectiveness of executive compensation incentives. Furthermore, the better the regional trust environment in which companies are located, the more pronounced the effect is. In particular, the effect of trust on executive compensation incentives is only significant when the formal legal system is immature. As companies continue to grow and develop and the formal system becomes perfect, the role of trust weakens. The formal system, including the corporate governance mechanism and perfect legislation, then becomes the key to promoting executive compensation incentives. Practical implications This paper provides evidence of the significance of both informal and formal systems. It not only emphasises the important role that the informal system has played in “the mystery of China’s economic growth” but also supports the “ruling the country by law” strategy for the sustainable development of China’s economy. Originality/value This paper reveals the relationship between the formal and informal systems, which provides a new perspective on and empirical evidence for the determinants of executive compensation incentives, and it also finds an explanation for the rapid growth of China’s economic development.

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.

The Proper Role of a Victim-Compensation System

1975 ◽  
Vol 21 (1) ◽  
pp. 45-49 ◽  
Author(s):  
Stephen Schafer
Keyword(s):  
Criminal Law ◽  
Justice System ◽  
Criminal Court ◽  
Compensation System ◽  
The State ◽  
Proper Place ◽  
Proper Role ◽  
Victim Compensation ◽  
Significant Step

Compensation to the victim of a criminal injury is not effective if it consists merely of financial remedy supplied by the state. It should take the form of punitive restitution; that is, it must come from the offender's resources (either money or service) and it must be part of the criminal court sentence by being tied to whatever reformative plan is contemplated. Correctional restitution goes a significant step further than compensation by requiring the of fender to maintain a relationship with the victim until the victim's pre-injury condition has been restored to the fullest extent possi ble. It compensates the victim, relieves the state of some burden of responsibility, and permits the offender to pay his debt to society and to his victim. Thus it makes a contribution to the reformative and corrective goals of criminal law and finds its proper place in the criminal justice system.

Administration of State Sponsored Local Justice System: An Appraisal on the Legal Framework of Village Courts in Bangladesh

2016 ◽  
Vol 44 (3) ◽  
pp. 235-240
Author(s):  
Md. Al-Ifran Mollah
Keyword(s):  
Rural Areas ◽  
Justice System ◽  
Single Channel ◽  
Legal Framework ◽  
Access To Justice ◽  
Informal Justice ◽  
Local Justice ◽  
The People ◽  
Political Interference ◽  
Formal Justice

AbstractAccess to justice is one of the significant pre-requisites for sustainable human development and it has been made available in the form of both the formal and informal systems stretching from the very top of the judiciary to the local justice system in Bangladesh. The formal justice system, even though it plays the most pivotal role, has been facing huge pressure from case backlogs, which ultimately hampers the true spirit of justice. On the other hand, most people's perception towards informal justice system is also fairly poor with lack of trust due to partisan political interference, corruption, religious dogmas, and social elitism, which have made this system almost ineffective. Consequently, state-sponsored local justice system has come forward with a view to combining the both streams in a single channel in the form of restorative justice and a quorum of quasi-formal justice system aimed at ensuring and dispensing justice to the people in rural areas in an affordable and convenient manner. In line with this view, village courts have been established to redress petty civil and criminal issues. This article attempts to examine the feasibility of the present legal framework of village courts to deliver justice efficiently at the grassroots level.

scholarly journals A Critical Study on Implementation of Section 357A of the Criminal Procedure Code with reference to the Rights of the Victims

2021 ◽  
Vol 6 (9) ◽  
pp. 45-56
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Procedure ◽  
The State ◽  
Judicial System ◽  
Critical Study ◽  
Legal Service ◽  
Procedure Code

It is a weakness of our jurisprudence that the victims of the crimes, and the distress of the dependants of the prisoner, do not attract the attention of the law .The District Legal Service Authority (DLSA) or the State Legal Service Authority (SLSA) needs to decide the quantum of compensation to be given under the scheme. Section 357A was a necessary enactment, and is useful, because the victim need not prove his case to get compensation under this section, which should hasten the process, but unfortunately the scheme is not being implemented completely. This paper analyses the plight of the victims of crimes under the Indian Criminal Justice System, and the importance of section 357A for protection of their rights. It further argues that that the scheme is not being implemented properly, and there is a lack of uniformity in the statute of each state. The verification procedure of these states is justified only if it does not hinder the compensation of a genuine victim. It explains the importance of immediate compensation, and the role of judiciary in the journey from the enactment to implementation of any scheme and statute. This paper concludes by suggesting changes that could be brought into the Indian Criminal judicial system for the betterment of the victim’s right and society atlarge.

scholarly journals WINNING AT ALL COSTS TOO COSTLY S v Rozani; Rozani v Director of Public Prosecutions, Western Cape 2009 1 SACR 540 (C)

Obiter ◽  
2021 ◽  
Vol 31 (3) ◽  
Author(s):  
Suhayfa Bhamjee
Keyword(s):  
Justice System ◽  
The State ◽  
Public Prosecutor ◽  
Western Cape ◽  
Criminal Courts ◽  
The Public ◽  
Pro Bono ◽  
Just Society ◽  
General Standard

The role of the public prosecutor is one to be respected. Members of society expect to enjoy lives free of violence, theft and other criminal violation; in return, they surrender the exercise of “vengeance” and vigilantism to the state. The public prosecutor (inter alia) is entrusted with the duty of ensuring that justice is served in bringing transgressors to book. The public prosecutor thus has the onerous task of ensuring that the rights of victims are served and given a voice, but at the same time doing so in a manner which upholds the basic tenets of a free, fair and just society. The duty and role of the defence attorney (state appointed or otherwise) ismuch the same. He or she is expected also to serve justice by giving his or her client (paying or pro bono) the best service and defence he or she is capable of. Obviously, this does not mean conjuring up or “manifesting” a defence. But he or she must, at the very least, prevent his or her client from pleading guilty to an offence where one was not committed. The recent decision in Rozani (2009 1 SACR 540 (C)) makes it evident that the fulfilment of such goals and ideals is not easy. The legal profession has gained a rather dubious reputation, attracting epithets such as “con-artist”, “shyster”, “opportunist” and “shark”, amongst others. The perception that individuals join the profession only to make a “quick buck” has stuck and the case at hand certainly seems to show this, reflecting not only a callous disregard for justice, but also what is blatant incompetence on the part of both the prosecutor and the defence attorney. Reading the facts of the matter, one wonders about the general standard of lawyers entering the profession – one cannot but marvel at the farcical aspect of the facts in Rozani. The main objective of practitioners within a criminal justice system should not be to win at all costs, but rather to ensure that justice is served. The facts leading up to the review in Rozani reflect the prosecutor’s need to chalk up wins and the defence attorney’s need to meet fee targets at whatever cost. The decision and remarks from the bench form a sobering commentary on the state of the criminal courts and the pursuit of justice in South Africa. While the level of crime in this country bolsters the need to convict criminals, this provides no excuse for disregarding the basic tenets of justice.

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