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The Role of Lawyers in Access to Justice
To a disturbing degree, we are at the mercy of our time and place. While law may provide relief for some of life's troubles, that requires access to justice. Accessibility is the focus of this volume, which expands analysis of access to justice beyond the US and the UK to Asia and other comparative jurisdictions. Chapters characterise access to justice dynamics in these jurisdictions by addressing how access is understood, how it is achieved or not achieved, and how the jurisdiction should improve. The book addresses some issues seldom addressed in analyses of western jurisdictions, such as paid mandatory legal services and mandatory public interest activities, and provides English translations of relevant regulations. The book expands our understanding of access to justice with a comparative perspective, one that allows readers to identify relationships between access and its constitutive environment.
Intersections of language rights and social justice in the Caribbean context
This volume brings together the work of six authors who explore various dimensions of language rights and how they intersect with social justice in the Caribbean context. Language rights advocacy has been an ongoing issue in Caribbean linguistics since at least the 1970s when the Society for Caribbean Linguistics was established and linguists started to turn their attention to the marginalised status of Creole languages in the region. This continued into the 1990s when dismal scores in secondary school English resulted in governments singling out Creole languages as the culprit and linguists had to get involved in shaping language policy for territories across the region. By 2011 the role of linguists was cemented in the language rights debate with the creation of the Charter on Language Rights in the Creole-speaking Caribbean. Using examples from Jamaica and St. Lucia, the current study examines the challenges that still persist ten years after the Charter, specifically in the areas of language advocacy, linguistic discrimination, and communicative hurdles in the courtroom.
Negotiating the Power of NGOs
Explores the role of NGOs as mediators in crucial litigation cases on women's rights in South Africa.
Decolonizing Constitutionalism
The modern state, law, and constitution result from a legal canon that (re)produces the abyssal lines dividing the world that is validated from the world whose humanity and epistemological validity are denied. This book aims to contribute to a post-abyssal reflection on law and constitutionalism by considering the structural axes of power that are constitutive of modern law “capitalism, colonialism, and heteropatriarchy” alongside the legal plurality of the world. Is it possible to decolonize, decommodify, and depatriarchalize the constitution? The authors speak from multiple geographies, raise different questions, resort to differentiated theoretical approaches, and reveal varying levels of optimism about the possibilities of transforming constitutions. The readers are confronted with critical perspectives on the Eurocentric legal canon, as well as with the recognition of anti-capitalist, anti-colonial, and anti-patriarchal legal experiences. The horizon of this publication is the expansion of the possibilities of legal and political imagination.
Research Handbook on Human Rights and Poverty
This important Research Handbook explores the nexus between human rights, poverty and inequality as a critical lens for understanding and addressing key challenges of the coming decades, including the objectives set out in the Sustainable Development Goals. The Research Handbook starts from the premise that poverty is not solely an issue of minimum income and explores the profound ways that deprivation and distributive inequality of power and capability relate to economic, social, cultural, civil and political rights.
Judicial Activism in Post-Emergency Era
"Since the day the Constitution of India came into force, Judicial Activism has existed in different forms under the Constitution. Judicial Activism initiated by the higher judiciary in India has started serious debates on the Court’s undefined power to place substantive as well as procedural limits on the executive as well as the legislature. The Court’s new role to make law and give directions has been criticised as the usurpation of powers that belong to the other two organs. The Court has been defending its new role to uphold the constitutional values of protecting the human rights of the people thereby upholding the principle of Rule of Law. Through this book, Dr. Deka Swapna Manind...
Comparative Law
The most up-to-date and contextualised offering for comparative law students and scholars, referencing the newest research in the field.
China's Influence on Non-Trade Concerns in International Economic Law
This volume examines the range of Non-Trade Concerns (NTCs) that may conflict with international economic rules and proposes ways to protect them within international law and international economic law. Globalization without local concerns can endanger relevant issues such as good governance, human rights, right to water, right to food, social, economic, cultural and environmental rights, labor rights, access to knowledge, public health, social welfare, consumer interests and animal welfare, climate change, energy, environmental protection and sustainable development, product safety, food safety and security. Focusing on China, the book shows the current trends of Chinese law and policy towa...
Access to Justice Beyond the State Courts
Costliness, excessive delay, bias against the weak, corruption, underfunding, insufficiency of legal skills and shortage of training programmes (for the judicial staff in its diversity), complexity of legal rules and procedures, including the language of both the law and the Court, dependency vis-à-vis the political authorities; these are flaws documented as hindering equal and effective access to Burundis formal state court justice system. This book argues that engaging with out-of-court justice in Burundis legal pluralism model may positively impact on peoples access to justice, particularly for the poor and the underprivileged.
Justice for the Poor
This book is based on ground level experience from diverse parts of the world, which has shown that legal strategies are indispensable in efforts to protect people from human rights violations, to ensure human security, and to secure rights, civil, political, socio-economic or cultural. Itaims to establish links at the programmatic level between justice programming and poverty alleviation. It explains the international law relating to access to justice and its influence on national laws. It seeks to elaborate a methodology towards identifying and developing the normative basis oflegal and judicial reform in the various national arenas. It addresses crucial questions: What are the most approp...
